Rights of the Accused Amendments 4, 5, 6, 8

Pearson Education, Inc., Longman © 2008 Defendants’ Rights Much of the Bill of Rights (Amendments 4, 5, 6, and 8) apply to defendants’ rights. Interpreting Defendants’ Rights Criminal Justice personnel are limited by the Bill of Rights and failure to follow constitutional protections may invalidate a conviction. Courts continually rule on what is constitutional and what is not. Pearson Education, Inc., Longman © 2008

Pearson Education, Inc., Longman © 2008 4th Amendment Searches and Seizures Probable Cause: when the police have reason to believe that a person should be arrested Exclusionary Rule: the rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained Mapp v. Ohio (1961) Pearson Education, Inc., Longman © 2008

Pearson Education, Inc., Longman © 2008 The Right to Privacy Is There a Right to Privacy? Not explicitly stated in the Constitution, but implied by the Fourth Amendment Griswold v. Connecticut (1965) Pearson Education, Inc., Longman © 2008

4th Amendment Scenarios An officer observes a suspect commit a crime inside his apartment while the officer is conducting a surveillance operation. If the curtains are closed during the observation, but the officer was able to see the act because of special optical aids, would the officer’s observations be admissible in court? The police arrive to search an apartment and find no one at home. They tell the landlord to let them into the apartment. Is this search legal?

4th Amendment Scenarios Officers noticed the odor of freshly cut marijuana coming from the trunk of a vehicle. Can the officers search the trunk without a warrant? A suspect “cops an attitude” with a police officer. The officer places handcuffs on the suspect and conducts a pat-down search. Is this search legal?

Pearson Education, Inc., Longman © 2008 5 Amendment 5 protections in the 5th Amendment you have to be indicted before you stand trial double jeopardy once a person is tried and a verdict is issued, you cannot be tried again for the same crime self-incrimination when an individual accused of a crime is compelled to be a witness against himself or herself in court Pearson Education, Inc., Longman © 2008

Pearson Education, Inc., Longman © 2008 5 Amendment – Property Due Process You cannot be denied your life, liberty, or property without a trial Eminent Domain Private property cannot be taken for public use without just compensation Pearson Education, Inc., Longman © 2008

Pearson Education, Inc., Longman © 2008 6th Amendment 4 protections a “speedy and public” trial by jury informed of the charges against you confront witnesses against you The Right to Counsel The state must provide lawyers in most criminal cases (Sixth Amendment). Gideon v. Wainwright (1963) Pearson Education, Inc., Longman © 2008

Pearson Education, Inc., Longman © 2008 Miranda vs. Arizona (1966) Police must inform suspects of their 5th and 6th Amendment protections upon arrest. You have the right to remain silent when questioned. Anything you say or do may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish. If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney. Protection from coerced confessions DON’T HAVE TO COPY Pearson Education, Inc., Longman © 2008

Pearson Education, Inc., Longman © 2008 8th Amendment Cruel and Unusual Punishment The Eighth Amendment forbids cruel and unusual punishment. The death penalty is not cruel and unusual. It is “an extreme sanction, suitable to the most extreme crimes.” Gregg v. Georgia (1976) Pearson Education, Inc., Longman © 2008