1. Rights of the Accused

2. Writ of habeas corpus
Is intended to protect people from unjust arrests and imprisonments. It is a court order directed to an officer holding a prisoner. It commands that the prisoner be brought before the court and that the officer show cause why the prisoner should not be released.
The right to seek a writ of habeas corpus is protected in Article 1, section 9 of the Constitution.

3. Writ Suspended
The Writ of habeas corpus was suspended on several occasions during the American Civil War.
Lincoln suspended it in 1861 in various parts of the North.
The court ruled Lincoln’s actions unconstitutional, so congress gave the president authority to suspend habeas corpus
The Writ of habeas corpus has only been suspended once since the Civil War.
After the attacks on Pearl Harbor on December 7th, 1941 the Governor suspended habeas corpus.

4. Grand Juries
The constitution states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury”
The Grand juries must return with an indictment for the trial to go to prosecution.

5. Protections for the Accused
Double Jeopardy
Once a person has been tried for a crime, he or she cannot be tried again for that same crime.
Right to a speedy trial
The government must ensure that a trial is held within an appropriate amount of time.
Right to a public trial
Trials must be open for the public to observe the trial.
Trial by Jury
A person convicted must be tried by a impartial jury of their peers.
Protection from Self-Incrimination
No person can be “compelled in any criminal case to be a witness against himself.”

6. Bench Trial A judge hears the case alone.
This had to be waived by the defendant, and is usually only done if the defendant pleads guilty.

7. Miranda Rights
Before the police can question a subject, that person must first be:
Told of his or her right to remain silent.
Warned that any thing he or she says can be used in court.
Informed of the right to have an attorney present during questioning.
Told that if he or she is unable to hire an attorney, one will be provided at the public expense.
Told that he or she may bring police questioning to an end at any time.

8. Miranda v. Arizona
In 1966, a mentally retarded man, Ernesto Miranda, had been convicted of kidnapping and rape.
The victim picked Miranda out of a line-up
The police picked up Miranda and questioned him for two hours, where he confessed.
At no point was he told of his rights.
This was deemed unconstitutional by the court.

9. Bail
Bail is a sum of money that the accused may be required to post as a guarantee that he or she will appear in court.
The constitution protects people from excessive bail.

10. Cruel and Unusual Punishment
The Constitution’s 8th amendment forbids “cruel and unusual punishment”
The 14th amendment forces the states to forbid “cruel and unusual punishment” in their jurisdiction.
Today, some advocate groups are pushing to end solitary confinement because the detrimental mental effects that it has.
They view this punishment as “cruel and unusual”

11. Capital Punishment Is punishment by death
In Furman v. Georgia 1972 the court ruled that the application of the death penalty was unconstitutional.
The court stated that convicts that ended up being executed tended to be African American or poor or both.

12. p. 576
Why is the coffin labeled “Constitution” being lowered into the ground?
To imply that Lincoln has “murdered” the Constitution by withdrawing one of the basic rights it establishes.

13. p. 578
What protections does the Constitution extend to those convicted of crime?
No excessive fine
No cruel and unusual punishment
Right to appeal

14. p. 583
What were the long-term effects of the Miranda decision on police procedures?
The Miranda Rule has become a routine part of police practice and is well-know to the public.

15. Quick Write
Should the Federal Government deny the right to due process to citizens that support terrorism or is that a violation of their rights?