Chapter 22 Rights of the Accused

A. Protections 1.Nothing can protect you against being accused of a crime 2.5 th, 6 th and 8 th Amendments help protect your rights IF accused 3.Guarantee you have the right to know the charges, right to an attorney and right to keep silent for your defense

B. Why Important? 1.Be able to prove your innocence 2.Right to know how, where and when the crime was committed 3.Know right of being silent – might confess if frightened 4.Know right to a fair trial 5.Be able to gather proof to show innocence

C. Arrest 1.Police can only arrest someone accused of a crime 2.Police can question anyone without making an arrest 3.Warrant is needed for most arrests – misdemeanors (lesser crimes) (Police need a good reason) 4.When police see a crime committed, no warrant is needed! 5.If a felony (a serious crime) has been committed, a warrant is not typically needed

D. Questioning 1.Police can fingerprint, take a photo and write up an arrest before questioning 2.Police must read a suspect his/her rights at time of arrest (The Miranda rule – Miranda v. Arizona) 3.All accused persons must be told: a. Right to remain silent b. Anything can be used against them c. Right to a lawyer even if they cannot afford one d. They can tell police to stop questioning them

E. Bail 1.Right to fair bail if accused 2.Bail acts as a promise to appear in court 3.Bail can be denied if the accused is a “flight” risk or if the accused is believed to be dangerous