Thinking Critically Questions Chapter Four

Self-Incrimination Should a person be allowed to take the “fifth?” Does a defendant have the right not to take the witness stand?

Question Which of the amendments within the Bill of Rights do you think are the most protective of the rights of the accused? of the rights of the accused?Why?

Miscarriages of Justice Do you think miscarriages of justice are on the increase? Decrease? Why or why not? What have been the effects of both Miranda and the exclusionary rule?

Terms to Know What is a warrant? What are searches and seizures? What is an arrest? What is probable cause?

Due Process Explain why procedural rights are important to those accused of crimes?

Police and Searches Can police officers stop someone on “mere suspicion?” Explain the concept of “knock and talk.” Do you think this is a fair procedure by the police?

Standards of Proof What is the difference between proof beyond a reasonable doubt and preponderance of the evidence? How do these standards affect civil and criminal law? Is absolute certainty ever required as a standard of proof?

Patriot Act If a significant purpose of the F.B.I. is gathering intelligence, should they be able to conduct wiretaps of criminal suspects, and search private records without a warrant and probable cause?

Megan’s Law Is Megan’s Law fair to sex offenders who have served their prison sentences (that is, “paid their debt to society”)? What rights does a community have to protect itself from known sex offenders who have released from prison? When the rights of an individual and the rights of a community conflict, whose rights should take precedence? Why?