1. Criminal Justice U.S. Constitution Unit Hermitage Tech Center
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2. Miranda v. Arizona (1966)
Requires a law enforcement officer to give the arrestee his or her rights before questioning.
The officer must state the following:
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3. Miranda v. Arizona (1966) You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to talk to an attorney and have him/her present while you are being questioned.
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4. Miranda v. Arizona (1966)
If you cannot afford to hire an attorney, one will be appointed to represent you.
You can decide at any time to exercise these rights and not answer any questions or make any statements.
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5. Miranda v. Arizona (1966) Waiver
After the warnings have been given, the following questions should be asked.
Do you understand each of these rights I have explained to you?
Having these rights in mind, do you wish to talk to us now?
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6. The Constitution
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7. Fourteenth Amendment
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws….”
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8. Fourth Amendment
The prohibition against unreasonable searches and seizures.
The exclusionary rule prohibits the use of items obtained as a result of an unreasonable search and seizure as evidence against a criminal defendant.
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9. Fifth Amendment The bar against double jeopardy.
The privilege against forced self-incrimination.
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10. Sixth Amendment right to a jury trial right to a public trial
right to a speedy trial
right to confront witnesses
right to compulsory process to obtain witnesses
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11. Sixth Amendment right to assistance of an attorney in felony cases
right to assistance of an attorney in misdemeanor cases in which a prison term is imposed
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12. Eighth Amendment It prohibits cruel and unusual punishment.
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13. The Limits of Criminal Sanctions, 1968
Herbert Packer
The Limits of Criminal Sanctions, 1968
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14. Crime Control Model
“Primary attention paid to the efficiency with which the criminal process operates to screen suspects, determine guilt, and secure appropriate dispositions of persons convicted of crime.” (Packer)
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15. Due Process Model
“Each of its successive stages is designed to present formidable impediments to carrying the accused any further along in the process.” (Packer)
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16. Crime Control Model assembly line justice focus on system efficiency
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17. Due Process Model obstacle course justice focus on individual rights
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