Rights of Criminal Defendants Are the due process rights and the procedural guarantees provided by the Fourth, Fifth, Sixth, and Eighth Amendments

Fourth Amendment The 4 th Amendment protects individuals against unreasonable searches, seizures, and arrests The 4 th Amendment’s general purpose –is to deny the government the authority to make general searches. Search: any government intrusion upon a reasonable expectation of privacy Seizure: the exercise of control by the government over a person or thing

Fourth Amendment Provides protection against “unreasonable” searches and seizures Searches with warrants –Issued by judge –Warrant describes things to be seized and person/place to be searched –Probable cause – reasonable belief that a person has committed a crime Exclusionary Rule – evidence that is illegally obtained cannot be used in court against the defendant Searches without a warrant – refer to handout/role plays

Fourth Amendment in Schools New Jersey vs. TLO School officials do not need warrants or probable cause to search students or their property Reasonable suspicion – less certainty than probable cause but more than a mere hunch

Fifth Amendment The 5 th Amendment states that “No person shall be …compelled in any criminal case to be a witness against himself. So criminals cannot be required to take the stand in a trial.

Persons suspected of committing serious crimes must be indicted (accused) by a grand jury –Determines whether there is enough evidence to put a person on trial Protected against double jeopardy: a person who has been found not guilty cannot be put on trial again

Sixth Amendment The 6 th Amendment guarantees a right to counsel. In the past this meant that a defendant could hire and attorney. Since most criminals are poor they did not have counsel. In the case of Gideon v. Wainwright (1963). –Gideon, a poor man, was accused of a crime and denied a lawyer. He represented himself and was convicted and sentenced to 5 years in prison –The Supreme Court ruled unanimously that a lawyer was a necessity in criminal court, not a luxury. The state must provide a lawyer to poor defendants. In any conviction that would require time served in jail, a lawyer is required.

Eighth Amendment Forbids excessive bail and fines The 8 th Amendment prohibits cruel and unusual punishment. –Protection from things such as whippings and brandings that were common in the 1700s –Is the death penalty cruel and unusual punishment?