Essential Question How does the Constitution protect the rights of the accused?

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CH 14 Citizenship and Equal Justice

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Presentation transcript:

Essential Question How does the Constitution protect the rights of the accused?

Rights of the Accused

Problem of Crime Society must protect itself against criminals Individual rights must be preserved

Search and Seizure 4 th Amendment Police must state under oath they have probable cause before securing a warrant

Payton v. New York (1980) Cannot search a house without a warrant except in life-threatening situations

Whren v. United States (1996) Police do not need a warrant to search and arrest a person breaking a law Can seize drugs in a car when stopped for a traffic violation

California v. Greenwood Police do not need a warrant to search garbage outside a home

Exclusionary Rule Any illegally obtained evidence cannot be used in court

Mapp v. Ohio Unreasonable search and seizures forbidden for states as well as the federal government On the basis of the 14 th Amendment

New Jersey v. T.L.O. School officials do not need warrants or probable cause to search students or their property

Self-Incrimination 5 th Amendment Government bears the burden of proof and defendants do not have to testify against themselves

Escobedo v. Illinois The accused cannot be denied access to their attorney for questioning

Miranda v. Arizona Suspects must be clearly informed of their rights before police question them

Gideon v. Wainwright 6 th Amendment Accused has a right to an attorney Even if a defendant cannot afford one

Double Jeopardy May not be tried twice for the same crime Can face both state and federal prosecution A single act may involve more than one crime

Cruel and Unusual Punishment 8th Amendment Death penalty?

Korematsu v. United States Supreme Court upheld the forced evacuation of the Japanese into interment camps during WWII As a wartime measure