Chapter 4 The Supreme Court and the Constitution Section 3 Rights of the Accused

Presumption of Innocence Why is this the way we approach an accused individual? 1. The accuser/government has all the advantages 2. Burden of Proof This is the government’s job Reasonable Doubt

Presumption of Innocence What is a negative/problem with presumption of innocence? 1. Guilty people go free 2. Guilty people may plea bargain Plead guilty to a lesser charge

Due Process 14th Amendment – allowed due process for all people – federal law and state law 2 Types Procedural – government follows the rules by which it has agreed to treat the accused Substantive – the laws themselves are fair and constitutional

Due Process cont. Probable Cause Miranda Grand Jury A valid reason Miranda Remain silent and have an attorney Grand Jury Is there enough evidence? Informed of the charge Speedy and public trial by jury

Due Process cont. Prosecution must prove to a jury that the accused is guilty beyond a reasonable doubt Accused does not have to answer questions Accused can question the accusers Accused can have testimony on their behalf Double Jeopardy Appeal

Supreme Court Decisions Expanded Rights of the Accused Mapp v. Ohio Evidence gotten illegally can not be used against an accused person Gideon v. Wainwright Florida man put in jail after he had to defend himself in court If you can’t afford an attorney?

Supreme Court Decisions cont. Miranda v. Arizona Informed of your rights upon arrest Should lawbreakers have this many rights? or Should society’s right to protection from these criminals be of greater importance?

Section 4 Civil Rights Constitutional Terms Civil Rights Constitutional rights guaranteed to all citizens Discrimination Policy or attitude that denies equal rights and treatment to a certain group of people Segregate To separate people based on race, ethnic background or class Jim Crow Laws Legislation trying to segregate people based on race

Dred Scott v. Sandford Dred Scot Black slave Lived with his master in Missouri (a slave state) They lived in a free state (Illinois) and a free territory (Minnesota) On return to Missouri Dred Scot sued for his freedom Supreme Court ruled that he was property and could not sue for his freedom

Plessy v. Ferguson Late 1800’s people in the north and south denied civil rights to black Americans The south used Jim Crow Laws – legislation to segregate “Separate but Equal” facilities was not a denial of civil rights Homer Plessy – What happened?

Brown v. Board of Education of Topeka 8 year old Linda Brown sued the Topeka Board of Education She had to travel to an all black school when a “white” school was close to her home The Court reversed it’s ruling in Plessy v. Ferguson The court said that “separate educational facilities are inherently unequal” separate but equal “has no place in public education”

Brown v. Board of Education cont. The Court ordered states to integrate their schools “with all deliberate speed.” This case was the beginning of the modern day civil right’s movement (1954)

Other Minorities & Civil Rights Other Americans - Chinese, Japanese, Native, Latinos, Women, Jews All of these groups have experienced prejudice and discrimination throughout history Some Examples Korematsu v. United States Pearl Harbor attack Relocation camps What did the Supreme Court rule?

Cleveland Board of Education v. LaFleur Women Maternity leave Supreme Court ruled in favor of LaFleur Cleveland School Board rules regarding maternity leave were unconstitutional under the 14th Amendment