Aim: How are defendants’ rights part of Civil Liberties?

Chap 4, Day 4

Do Now: PAIR/SHARE1.Put the following actions in chronological order.

trial, prosecution, crime, verdict, arrest2. Do we need protection through all these actions? Why?

Defendants’ Rights• Interpreting Defendants’ Rights• Criminal Justice personnel are limited by

the Bill of Rights.• Funnel decreasing in size - crime arrest

prosecution trial verdict• Failure to follow the rules usually

invalidates a conviction.• Courts continually rule on what is

constitutional and what is not.

Defendants’ RightsWhy must rights be protected every step of the way?

• Searches and Seizures• Probable Cause?• The situation occurring when the police have reason

to believe that a person should be arrested. • Unreasonable searches and seizures: • What is an unreasonable search or seizure?• Evidence is obtained in a haphazard or random

manner. Why need a search warrant?• Search warrant- need probable cause from court,

prevent police abuse• Exclusionary Rule: The rule that evidence, no matter

how incriminating, cannot be introduced into trial if it was not constitutionally obtained. WHY?

• Mapp v. Ohio- 1961- court ruled that 4th amend protection against unreas sear & seiz must be extended to states

War on Terrorism• USA Patriot Act- 2001 – gave govt new

powers for wiretapping, surveillance & investig of terr suspects.

• Eased restric on domes spying, monitor polit or relig groups w/o connection to crim. Invest., examine suspect’s records by third parties (doctors, libraries, bookstores, universities, Internet), search of priv. property w/o probable cause & w/o notice until after search

• Congress reauthorized Act in 2006 w/ few changes.

• Agree or Disagree with Patriot Act?

• Self-Incrimination – define?• The situation occurring when an individual

accused of a crime is compelled to be a witness against himself or herself in court.

• Fifth Amendment• Miranda v. Arizona – 1966- sets guidelines

for police quest. To protect against self-incrim. Miranda warnings

• Entrapments may be overturned

• The Right to Counsel• The state must provide lawyers in most

criminal cases.• Sixth Amendment• Gideon V. Wainwright- 1963• Trials• Plea bargaining: An actual bargain

between the prosecution and defense.• Juries generally consist of 12 people, but

unanimity is not always needed to convict.

• Cruel and Unusual Punishment• The Eighth Amendment forbids cruel and unusual

punishment.• The Death Penalty• Varies from state to state• Cannot be mandatory• Gregg v. Georgia 1976- court upheld constit of

death penalty• McCleskey v. Kemp 1987- upheld death penalty

against 14th amend charges b/c minority defendants more likely to get death penalty than whites.

• War on Terror – water boarding? Stress positions?