1. Explain the role of the Bill of Rights
Objective 5.13
Explain the role of the Bill of Rights
in protecting the
rights of the accused.

2. I want to get out of here. I’ll appeal my case.
right to appeal

3. right to appeal 1
(5)
the accused person has the right to a “review” of his trial by the next higher court

4. the higher court does not give you another trial
right to appeal
the higher court does not give you another trial
the higher court decides if the trial was fair

5. right to appeal
Example: taking a case upward through the state courts and then to the U.S. Supreme Court

6. protection from unreasonable searches and seizures
My name is …...
protection from unreasonable searches and seizures

7. no unreasonable searches and seizures
search warrants
must be obtained
from the court

8. Remember “probable cause”

9. freedom from self incrimination

10. freedom from self incrimination
no one can be forced to testify against himself

11. But……… how about in a juvenile court????

12. innocent until proven guilty

13. innocent until proven guilty
a person who has been indicted is not considered guilty until the petit jury decides he is guilty

14. innocent until proven guilty
When “tried”
the verdict will be either “GUILTY” or “NOT GUILTY”
“innocent” is not a verdict.

15. indictment by grand jury

16. indictment by grand jury
Is there enough evidence?
no one shall be put on trial without being formally accused (indicted) first
evidence
grand jury

17. indictment by grand jury
an indictment
says that the grand jury believes there is
enough evidence suggesting you possibly committed a crime

18. right to an attorney

19. accused persons are entitled to have a lawyer
right to an attorney
accused persons are entitled to have a lawyer

20. “Gideon vs. Wainwright”
right to an attorney
U.S. Supreme Court ruled that if an accused person cannot afford a lawyer the government will appoint one for them, and pay the fees
“Gideon vs. Wainwright”

21. right to know the charges

22. right to know the charges
the accused must be told the exact charges against him

23. *
speedy trial

24. speedy trial
accused person is scheduled a trial which must not be drawn out unless by due process

25. the trial must be public and have an impartial jury
speedy trial
the trial must be public and have an impartial jury
the trial should be held in the same area where the crime took place

26. right to question witnesses in open court

27. question witnesses in open court
the accused has the right to hear and question all witnesses against him

28. question witnesses in open court
permitted to call witnesses in their own defense

29. prevention of cruel and unusual punishment*
prevention of cruel and unusual punishment

30. no cruel and unusual punishment
punishment for a crime shall NOT be unreasonably severe

31. no cruel and unusual punishment
punishment should fit the crime

32. no cruel and unusual punishment
Example: branding someone for stealing

33. prohibition against excessive bail

34. prohibition against excessive bail
bail for a crime shall NOT be unreasonably high

35. prohibition against excessive bail
bail is based on type of crime committed and the background of the suspect

36. prohibition against excessive bail
Example: charging someone $1,000 bail for stealing candy from a store.