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Chapter 16 Constitutional Right to a Fair Trial

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1 Chapter 16 Constitutional Right to a Fair Trial
Subtitle

2 Constitutional Right before the trial
All persons in the US are protected by law Individuals/Criminals have certain rights 5th +14th Amendments Due Process of the Law Procedural Due Process – fair procedures for handling cases Two steps in the Process 1. Notify the person of wrongdoing + government going to take action 2. Giving person the right to respond to the accusation

3 Criminal Justice Process
Everything that happens to a person that commits a crime Arrest – prosecution – conviction – release Protect the accused Innocent until proven guilty, evidence is beyond a reasonable doubt Trials are fair and impartial Public trial Right to an attorney No to testify against yourself

4 Searches and Seizures 4th Amendment
Protects American Citizens from illegal searches and seizures Government cannot engage in Unreasonable searches Unreasonable is up to debate… Search Warrant – legal document issued by a judge Probable Cause – reasonable belief to search someone

5 Searches without a Warrant
Reasons/ Situations cops can search without a warrant Officer’s safety Stop and Frisk – suspicious behavior (protect themselves/bystanders) Allowed to search an arrested individual (weapons, evidence) Emergency or chasing a criminal. Searching a vehicle – contraband. Person volunteers for a search International borders or airports (people have accepted intrusion)

6 Exclusionary Rule Exclusionary Rule – evidence gathered illegally
Mapp v. Ohio (1961) – Police entered a women’s home in CLE, OHIO stating they had a legal search warrant. Evidence was obtained and used in court No valid warrant existed… evidence cannot be used in court Exclusionary rule and a criminal If no evidence can be found against the person, they are allowed to go free. “Good Faith” – exception to the exclusionary rule Illegal evidence allowed if police were acting out of good faith and believed they had a valid warrant.

7 MAPP V. OHIO

8 Searches in Special Situations
Searches in School New Jersey v. T.LO School officials do not need a warrant – need reasonable suspicion Suspicionless Searches Police do not need reasonable suspicion Airports, Border Patrol, Sobriety check points. Racial Profiling – individual is suspected of a crime, based on their profile/looks

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