1. The Rights of the Accused
Unit 6, Section 3
The Rights of the Accused
I. A person is innocent until proven guilty
A. Four of the 10 Amendments in the Bill of Rights limit the use of governmental power in dealing with persons accused of crimes.
B. Due Process of Law - serves to protect a person and his/her interests.

2. II. Unreasonable Search and Seizure is Forbidden
A. Amendment 4 - "Right of the people to be secure against unreasonable searches and seizures.”
B. Warrant - Court order permitting police action. It must be obtained by the police prior to search.
C. Exclusionary Rule - all evidence obtained in an illegal search is excluded.

3. III. Arrest and detainment procedures must be followed.
A. Miranda Rights - Miranda V. Arizona (1966)
1. Constitutional rights that a person must be informed of at the time of arrest. "You have the right to remain silent,..."
B. Right to an Attorney
1. Gideon v. Wainwright (1963)
- This led to his acquittal.
C. Grand Jury

4. IV. A defendant is entitled to his/her day in court.
A. Amendment 6 - "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial."
B law passed freeing defendants in federal criminal cases if they were not tried within 100 days of arrest.
C. Public Trial
1. No court can limit attendance to only officials of the court.

5. D. Trial by Jury
1. Patton v. U.S. - In a federal trial, a jury must consist of 12 people (can be as few as 6)
E. Trial Testimony
1. Subpoena - Official written order commanding a person to appear in a court of law.
2. Self Incrimination - Giving testimony against oneself.
3. Immunity - A witness will not be punished for giving self-incriminating information

6. F. Double Jeopardy - Being tried twice for same crime twice.
1. The only time it can happen is if there is :
a. hung jury
b. mistrial
V. The court defined punishment according to "evolving standards"
A. The court listed four principles of Constitutional punishment:

7. 1. punishment must be consistent with human dignity.
2. it must be fairly applied
3. it must be acceptable to society.
4. it cannot be excessive.