Rights of the Accused 4 th, 5 th, 6 th and 8 th Amendments to the Constitution

Due Process of the Law 5 th and 14 th amendments 5 th amendment – restricts actions of the national government 14 th amendment – restricts actions of the state governments –Incorporation of rights –Selective Incorporation –(case by case) starting with Gitlow in 1925 Substantive Due Process: The “What” or policies of Government action –Pierce v. Society of Sisters Procedural Due Process: The “How” or methods –Rochin v. California

“Police Powers” of the states Promote Health- limit sale of alcohol (age, time, place, etc), tobacco, laws for vaccinations (Jacobson v. Massachusetts) Promote Safety – forbid weapons, require use of seat belts, texting while driving Promote Morals – outlaw gambling, obscene materials (Roth and Miller Cases) Promote General Welfare – education laws, public utilities, help the needy

4 th Amendment Rights Prevents Blanket Searches (writs of assistance) Warrant based on probable cause (Florida v. JL –anonymous tip not probable cause) Unconstitutional – thermal imaging (Kyllo v. US) and blood tests without consent (Ferguson v. City of Charleston)

4 th Amendment Exceptions Plain View Doctrine – Minnesota v. Carter Area incident to arrest – Chimel v. California Stop and Frisk – Terry v. Ohio Automobiles – California v. Acevedo and Wyoming v. Houghton

Exclusionary Rule Define: any illegally obtained evidence cannot be used against you Weeks v. United States - actions of national government Mapp v. Ohio – state governments

Exceptions to the exclusionary rule Nix v. Williams – inevitable discovery rule United States v. Leon – “good faith” exception Arizona v. Evans – computer error not human error Maryland v. Garrison – “honest mistakes”

Actions NOT allowed Suspension of the writ of habeas corpus – prisoner must be brought before the court Bills of attainder – you may not punish without a trial (exception: bench trial or plea bargaining) Ex post facto laws – works to the disadvantage (only for civil cases)

5 th Amendment Protections Grand Jury – find notes in Court notes No self incrimination – you do not have to testify against yourself No double jeopardy –Exceptions: mistrial, hung jury, appeal, state and federal crimes involved Due Process of the Law – actions of national government Eminent Domain – government may take private property for public use with compensation

6 th Amendment Protections Speedy and Public Trial –Barker v. Wingo – set standards – 4 part test (length, reasons, harm and did he/she ask?) –Speedy Trial Act 1974 – 100 days federal –Shepard v. Maxwell – vs fair press Trial by a Jury – petit jury, peers, Article III Adequate Defense – Betts v. Brady, Gideon v. Wainwright

Miranda Rules Escobedo v. Illinois – starts trend – asked for his attorney but was denied (conviction overturned) Miranda v. Arizona – tell accused of constitutional rights if detained and questioned. Dickerson v. United States – embedded in our culture – we all know them

8 th amendment – punishment phase Bail – why? No jail until guilt determine; better to work on defense Insurance Bond 10 percent – property and/or cash – back if you show up for trial Case Law –Stack v. Boyle – no excessive –United States v. Salerno – preventive detention permitted

Cruel and Unusual Punishment Case Law Louisiana v. Resweber – may try a second time if the first is unsuccessful Estelle v. Gamble - must give medical care Rhodes v. Chapman – two per cell is permitted Furman v. Georgia - death penalty unconstitutional due to arbitrary means Woodson v. Georgia – death penalty may not be mandatory punishment Gregg v. Georgia – death penalty permitted – look at circumstances and two phase trial