1. Rights of Criminal Defendants The 4 th, 5 th, and 6 th Amendments

2. Film Wed., April 18, 2007 7:00 p.m. Wooten 116

3. Why Do We Protect the Rights of Criminals? To make us all feel more secure in our persons, property, and communications The guarantees of the 4 th, 5 th, and 6 th Amendments are litigated in context of criminal trials, but we all enjoy these rights

4. Fourth Amendment Search involves invading the privacy of your domain or your person – Searching your home, property, or automobile – Taking your blood, urine, or DNA for testing – Listening to your phone conversations Seizure involves taking control over your person or property – Taking assets or personal property – Physically detaining you (including arrest)

5. What Is “Unreasonable”? “Reasonable expectation of privacy” often the touchstone – Effect of changing technology Officers can search with “probable cause” – Obtaining a warrant – Exigent circumstances

6. Incentive for Abiding by Fourth Amendment Exclusionary rule – Mapp v. Ohio (1961) “Fruit of the poisonous tree”

7. Fifth Amendment Grand juries – Not incorporated – only applies to federal government Double jeopardy – The movie is WRONG Self-incrimination – Miranda v. Arizona (1966) – Coerced confessions

8. Sixth Amendment Johnson v. Zerbst (1938) – all federal cases Powell v. Alabama (1932) – states, capital case Betts v. Brady (1942) – states, non-capital: only in cases of illiteracy, stupidity, or complex trials Gideon v. Wainwright (1963) – all state criminal cases

9. Sixth Amendment Right to counsel – Gideon v. Wainright (1963) – Counsel must provide zealous and “effective” defense – Includes the (qualified) right to investigators and experts Whenever you risk imprisonment Conversely, guarantees the right to represent yourself