Download - Aim: How are defendants’ rights part of Civil Liberties? Chap 4, Day 4 Do Now: PAIR/SHARE 1.Put the…
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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?
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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.
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Defendants’ RightsWhy must rights be protected every step of the way?
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• 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
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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?
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• 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
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• 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.
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• 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?