1. Magruder’s American Government
C H A P T E R 20 Civil Liberties: Protecting Individual Rights
© 2001 by Prentice Hall, Inc.

2. S E C T I O N 3 Learning Objectives: Rights of the Accused
What is writ of habeas corpus, bills of attainder, and ex post facto laws.
The guarantee of a speedy and public trial.
What constitutes a fair trial by jury. 1 2 4
Chapter 20, Section 3

3. Article I, Sections 9 & 10
Writ of Habeas Corpus—A court order which prevents unjust arrests and imprisonment
Bills of Attainder—laws passed by Congress that inflict punishment without a court trial
Ex Post Facto Laws—new laws cannot apply to things that happened in the past 1 2 4
Chapter 20, Section 3

4. Guided Reading Legal Term Definition Purpose writ of habeas corpus
1. a court order to bring a prisoner before a court and show cause why he or she should not be released
2. to prevent unjust imprisonment

5. Guided Reading Legal Term Definition Purpose bill of attainder
legislative act that inflicts punishment without a court trial
banned to preserve individual freedom and the separation of powers

6. Guided Reading Legal Term Definition Purpose 5. ex post facto law
criminal law that applies to
an act committed before its
passage
6. banned to prevent the government from trying to punish people for actions that were not crimes at the time they were committed

7. Grand Jury
A grand jury is the formal device by which a person can be accused of a serious crime.
It is required for federal courts under the 5th Amendment.
The grand jury deliberates on whether the prosecution’s indictment, a formal complaint, presents enough evidence against the accused to justify a trial.
Only the prosecution presents evidence.
The right to a grand jury is not covered by the 14th Amendment’s Due Process Clause. Most States have legislated to skip the grand jury stage. 1 2 4
Chapter 20, Section 3

8. Guided Reading Legal Term Definition Purpose indictment
7. formal complaint laid before a grand jury by a prosecutor
prevents overzealous
prosecutors from recklessly
charging people with crimes

9. Speedy and Public Trial
The right to a speedy and public trial was extended as part of the 14th Amendment’s Due Process Clause by Klopfer v. North Carolina, 1967.
The Speedy Trial Act of 1974 requires that the beginning of a person’s federal criminal trial must take place no more than 100 days after the arrest.
A judge can limit who can watch a trial if the defendant’s rights are in jeopardy. 1 2 4
Chapter 20, Section 3

10. Guided Reading Legal Term Definition Purpose 8. presentment
formal accusation brought by a grand jury on its own motion
allows grand jury to act when
a prosecutor has some interest
in not prosecuting

11. Guided Reading Legal Term Definition Purpose double jeopardy
9. trying a person twice for the same crime
10. banned to protect citizens from being prosecuted after being acquitted of the same crime

12. Trial by Jury
Americans in criminal trials are guaranteed an impartial jury chosen from the district where the crime was committed.
If a defendant waives the right to a jury trial, a bench trial is held where the judge alone hears the case.
Most juries have to be unanimous to convict. 1 2 4
Chapter 20, Section 3

13. Guided Reading Legal Term Definition Purpose bench trial
11. trial in which the judge alone hears the case, rather than a jury
the defendant always has the
right to a jury trial, but that
may be waived if the defendant is fully aware of his or her rights

14. Right to an Adequate Defense
Some rights of the accused: 1 2 4
Chapter 20, Section 3

15. Self-Incrimination
The Fifth Amendment declares that no person can be “compelled in any criminal case to be a witness against himself.” This protection extends to the States, and sometimes to civil trials if the self-incrimination could lead to a criminal charge.
A person cannot be forced to confess to a crime under extreme circumstances.
A husband or wife cannot be forced to testify against their spouse, although they can testify voluntarily.
In Miranda v. Arizona, 1966, the Supreme Court set an historic precedent when it would no longer uphold convictions in cases in which the defendant had not been informed of his or her rights before questioning. This requirement is known as the Miranda Rule. 1 2 4
Chapter 20, Section 3

16. Guided Reading Legal Term Definition Purpose 12. Miranda Rule
13. rule based on the Court decision of Miranda v. Arizona , stating that suspects must be told of their rights before being questioned by police
to prevent the police from
coercing confessions or self-incriminating testimony from
uninformed suspects

17. Guided Reading
What four criteria are used to determine if a trial delay is unconstitutional?
14. the length of the delay,
the reasons for it,
whether the delay harmed the defendant, and whether the defendant asked for a prompt trial
What is a petit jury?
15. A petit jury is a trial jury.

18. Guided Reading
What was the Supreme Court’s ruling in Escobedo v. Illinois, 1964?
16. The Court ruled that Escobedo was denied his right to counsel and therefore should freed.
What does the 5th Amendment ban?
17. self-incrimination
Grand Jury
18. a formal device by which a person can be accused of a serious crime

19. Section 3 Review 1 2 4 1. The ban on bills of attainder exists because
(a) Congress had abused this power.
(b) colonial English government had abused this power.
(c) Thomas Jefferson was the victim of such a bill.
(d) all of the above.
2. A bench trial is held if
(a) the publicity surrounding a case requires it.
(b) the defendant waives the right to a trial by jury.
(c) the defendant pleads guilty.
(d) the prosecutor has little evidence of a crime.
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Chapter 20, Section 3