1. The Judicial Branch
Chapter 18

2. Part 5
Rights of the Accused

3. To make sure this happens an accused person has a number of rights:
“It is better that ten guilty persons go free than that one innocent person be punished”
Any person who is suspected or accused of a crime is innocent until proven guilty
To make sure this happens an accused person has a number of rights:
Habeas Corpus
Bills of Attainder
Ex Post Facto
Grand Jury
Double Jeopardy
Speedy and Public Trial
Trial By Jury
Right to an Adequate Defense
Self -Incrimination

4. 1. Habeas Corpus Prevent unjust arrests and imprisonments
Person must be taken before the court and just cause must be shown why they are being accused
Lincoln suspended the Writ of Habeas Corpus in 1861
Taney: Unconstitutional
New law: Habeas Corpus Act
1866: Unconstitutional again

5. 2. Bills of Attainder
A legislative act that inflicts punishment without a court trial
Neither Congress nor the States are allowed to do this
Legislative branch can define laws but not declare someone guilty
Keeps people from being punished without a trial

6. 3. Ex Post Facto Laws A law passed after the fact
A criminal law, one defining a crime or providing for its punishment
Applies to an act committed before its passage
Works to the disadvantage of the accused
Neither Congress nor States can pass such laws

7. 4. Grand Jury
The formal device by which a person can be accused of a serious crime
16-23 people with a vote of 12 to bring and indictment
Indictment: a formal complaint that the prosecutor lays before a grand jury
Only the prosecution is present
Protect the accused from over zealous prosecutors

8. 5. Double Jeopardy
Once a person has been tried for a crime they cannot be tried again for the same crime
Exception Federal vs state
If it is a hung jury
Protect the accused from having to go back to trail over and over again

9. 6. Speedy and Public Trial
The government will try someone without undue delay and it a public trial
Protects the accused from
Being arrested and sitting in jail for years with no idea when your trial will be
The government doing something shady and not being held accountable
Can’t be too speedy or too public

10. 7. Trial by jury Impartial jury
Trial jury is often called a petit jury
The trial is held where the accused did the crime
Defendant may request a bench trial
No jury only the judge hears the case

11. 8. Right to an adequate defense
The accused has the right to the best possible defense that circumstances will allow
Defendants have the right to
Be informed of the nature and cause of the accusation
To be confronted with the witnesses against him
To have compulsory process for obtaining witnesses in his favor
To have the Assistance of counsel for his defense

12. 9. Self-Incrimination
No person can be compelled in any criminal case to be a witness against himself
The prosecution has the burden of proof in criminal cases
Miranda v. Arizona
Right to remain silent
Anything you say may be used against you
Right to an attorney
One will be provided if they can’t afford it
May end police questioning at any time