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Legal Rights The Constitution guarantees us our basic legal rights.

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Presentation on theme: "Legal Rights The Constitution guarantees us our basic legal rights."— Presentation transcript:

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2 Legal Rights The Constitution guarantees us our basic legal rights.

3 Writ of Habeas Corpus A court order guaranteeing a person who is arrested the right to appear before a judge in a court of law.

4 Writ of Habeas Corpus

5 Law officials must show good cause to detain the arrested person. Can only be suspended during times of rebellion or invasion. (Civil War) (Hawaii in WWII)

6 Executive order 9066

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9 120, 000 Japanese were put in internment camps. 60,000 were children. Their writ of habeas Corpus was suspended.

10 No Bill of Attainder or Ex Post Facto Law Bill of Attainder is a law that punishes a person accused of a crime without a trial or a fair hearing.

11 Ex Post Facto Law- a person is punished for something that was not against the law when they committed it.

12 No Bill of Attainder or Ex Post Facto Law

13 Due Process- guarantees that an accused person will be Granted all of their constitutional rights before being convicted of a crime.

14 Equal protection of the Laws Guarantees that a person accused of a crime will not be treated differently from others because of race, religion, sex and other factors.

15 Equal protection of the Laws

16 Rights of a person accused of a crime. A person is innocent until proven guilty in a court of law. Only a judge or jury can decide a person’s guilt.

17 Rights of the Accused Grand Jury- 16 to 23 individuals hear the evidence and decide if a crime had been committed.

18 Self Incrimination 5th Amendment says that no person shall be compelled in any criminal case to be a witness against himself. Taking the 5th

19 Self Incrimination You cannot use the 5 th to protect others that would lead to Contempt of Court- a charge of obstructing or interfering with the judicial process.

20 Adequate Defense A. Must be informed of the nature of the accusations against you.

21 Adequate Defense Right to hear and question witnesses against you.

22 Adequate Defense Right to subpoena witnesses who can testify on your behalf.

23 Adequate Defense Right to counsel (Gideon vs Wainwright)

24 Speedy and public trial Prevents the accused from sitting in jail waiting for a trial.

25 Speedy and Public Trial A Federal criminal must get his trial within a 100 days unless there is good reason to prevent this. The suspect can ask for a delay, but the prosecution may not.

26 Trial by Jury Right to a trial by an impartial jury. People who’s minds are not already made up.

27 Trial by jury Jury must be drawn from area in which crime was committed.

28 Petit juries-they hear trials(Need a unanimous verdict) Jury trials are usually 12 but can be as little as 6

29 Bench Trial- you can waive the right to a jury trial and be tried by judge instead.

30 Double Jeopardy- You cannot be tried twice for the same crime. The 5 th amendment protects you from this.


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