Rights of the AccusedCivil Liberties

It is often said in the American justice system that it is better to allow ten guilty people to go free than to let one innocent person be punished.

Principles

A writ that states that an officer holding a prisoner must be brought before the court, and explain why the prisoner should not be released.

The writ can only be suspended in times of rebellion or when public safety may require it.

Abraham Lincoln suspended the writ in 1861 during the beginning of the Civil War, though the Supreme Court later ruled in 1866 that the President or Congress could not do this if there was no fighting going on.

Habeus Corpus

A legislative act that inflicts punishment without a court trial

This is prohibited by the Constitution This is done as both a protection of

individual freedom and a tool of separation of powers

Bill of Attainder

Three Features 1) A criminal law 2) Refers to an act committed before its

passage 3) Works to the disadvantage of the

accused

Ex. If a law is made that it is illegal to gamble in Louisiana, the state cannot arrest anyone who has ever gambled in that state.

Ex Post Facto Laws

“No Person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury. ---5th amendment

Grand Jury- A formal device by which a person can be accused of a serious crime

Usually consists of 16-23 people 12 of those can turn in an indictment

Grand Jury

Formal complaint that the prosecutor lays before a grand jury, charging the accused with one or more crimes

If the Grand Jury believes there is enough evidence to go to trial, they turn in a true indictment. If not, then the charges are dropped

Grand Jury proceedings are not a trial

Indictment

Protected by the 5th and 14th amendment

Once a person is tried for a crime, they cannot be tried again for the same crime

One can however be tried in both a federal and state court. (selling narcotics etc.)

Double Jeopardy

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.”

Speedy Trial- Meant to ensure the government will try a person accused of a crime without undue delay

Speedy Trial Act of 1974- The time of a persons arrest and the beginning of a criminal trial cannot be more than 100 days

6th amendment

Guaranteed by both the 6th and 14th amendment

The judge can limit both the number of spectators and what kind of spectators are allowed at a trial.

A judge can also order a courtroom to be cleared

Public Trial

Television cameras are barred from all federal courtrooms

The Court has held that States may allow television cameras as long as steps are taken to avoid too much publicity and they do not hinder the protection of the defendant’s rights

The Media

The 6th amendment allows that all tried in federal crimes are allowed to have a jury trial

States must provide a jury in all serious crimes.

Defendants can request a change of venue, moving the location of a trial to some other venue. The judge makes the final decision on this matter

Trial by Jury

Defendants have the ability to waive this right

Judges can order a jury trial even when this right has been waived

Bench Trial- A trial where the judge alone hears the case

Waiving the right to a jury trial

There Must be at least 12 members of a jury in a federal criminal trial

State trials can fluctuate between 6 and 12 jury members in both civil and criminal cases

Jury Numbers

Juries mostly must come up with a unanimous decision to grant a conviction

Most states follow the same rule

Convictions

The 6th amendment gives the right to 1) be informed of the nature and cause of

the accusation 2) To be confronted with the witnesses

against him 3) To have a compulsory process for

obtaining witnesses in his favor 4) To have the assistance of counsel

Rights to an Adequate Defense

Police had questioned Escobedo, even though he repeatedly asked to see his lawyer first. He later made damaging statements that hurt him at his trial

The Supreme Court later ordered Escobedo to be freed, stating that he had been denied his right to counsel

Escobedo vs. Illinois (1964)

An attorney must be given to a defendant who cannot afford one.

Today, public defenders are common and generally defend clients who can’t afford attorneys

Gideon v. Wainwright

“No person can be compelled in any criminal case to be a witness against himself.”5th amendment

The burden of proof is on the prosecutor, as a defendant does not have to prove if he or she is innocent.

Self Incrimination

This right applies to not only cases, but also any government proceedings

This is a personal right, and can only be invoked individually

Does not prohibit a person from;◦ Being fingerprinted◦ Photographed◦ Appearing in a line-up

Taking the fifth

Does provide protection from submitting confessions under duress, such as a result of torture or other physical pressure

Self Incrimination

This laid the groundwork for the Miranda warning

Police have to inform anyone they arrest of their constitutional rights

Miranda v. Arizona

All citizens who are arrested must be; 1) told their right to remain silent 2) warned that what they say can be used

in court 3) informed of their right to an attorney 4) told that if they can’t hire an attorney,

one will be provided 5)told that they can bring questioning to an

end at any time

Miranda Warning