Rights of the AccusedRights of the Accused

Civil Liberties: Protecting Civil Liberties: Protecting Individual RightsIndividual Rights

Section 3 &4Section 3 &4

Probable Cause – reasonable suspicion – reasonable suspicion of a crime. of a crime.

Writ of AssistanceWrit of Assistance – Blanket search – Blanket search warrant, which allowed British warrant, which allowed British officers to search private homesofficers to search private homes

Mirandized Mirandized

ARRESTED!! ARRESTED!!

You will be taken to transportation vehicles You will be taken to transportation vehicles (may be handcuffed, frisked, walked with (may be handcuffed, frisked, walked with escort, carried on a stretcher, escort, carried on a stretcher, dragged/carried)dragged/carried)

ChoicesChoicesTo cooperate and walk or to not cooperate To cooperate and walk or to not cooperate and go limp so that you have to be carriedand go limp so that you have to be carried

Either way you are going to jailEither way you are going to jail

Writ of Habeas CorpusWrit of Habeas Corpus – a court order – a court order commanding an officer imprisoning commanding an officer imprisoning someone to show cause why they someone to show cause why they prisoner should not be released. prisoner should not be released. Protects against illegal Protects against illegal imprisonment.imprisonment.

Ex Post FactoEx Post Facto – makes an act a crime – makes an act a crime and then punishes someone for and then punishes someone for committing the act before the law’s committing the act before the law’s passage. passage.

Indictment Indictment – a formal complaint – a formal complaint against the accused (you) presented against the accused (you) presented by the prosecutor. by the prosecutor.

Grand JuryGrand Jury – decides if someone can – decides if someone can be accused of a serious crime, if be accused of a serious crime, if there is enough evidence for a trial. there is enough evidence for a trial.

Public, Speedy trial Public, Speedy trial by Jury – if you by Jury – if you waive the right you waive the right you get aget a

Bench TrialBench Trial – the – the judge is the only judge is the only one who hears the one who hears the case. case.

Arraignment : Arraignment :

Appear before a judge and answer to Appear before a judge and answer to charges (guilty, not guilty, nolo charges (guilty, not guilty, nolo contendere, mute) contendere, mute)

Judge sets a court dateJudge sets a court date

BailBail – the sum of money that an accused – the sum of money that an accused person (you) must pay the court as a person (you) must pay the court as a guarantee that they (you) will appear in guarantee that they (you) will appear in court at the proper time. court at the proper time.

Preventive detentionPreventive detention - a Federal Judge can - a Federal Judge can keep the accused (you) in jail without bail keep the accused (you) in jail without bail when there is reason to believe they (you) when there is reason to believe they (you) will commit more crimes before the trial.will commit more crimes before the trial.

Right to Know Law Right to Know Law - A citizen’s right-to-- A citizen’s right-to-know, sometimes known as freedom of know, sometimes known as freedom of information, fosters accountability, information, fosters accountability, prevents abuses of power and promotes prevents abuses of power and promotes trust in government. trust in government.

GUILTY!!GUILTY!!

Capital PunishmentCapital Punishment – the death – the death penaltypenalty

88thth Amendment: Amendment:

Forbids cruel and unusualForbids cruel and unusual

Punishment.Punishment.

SENTENCINGSENTENCING

Can show remorse for you actions. Can show remorse for you actions. Can even call witnesses to help Can even call witnesses to help

explain why your actions were explain why your actions were justifiedjustified

Or you can remain silentOr you can remain silent

SummarySummary

CrimeCrime Arrest/Informed of RightsArrest/Informed of Rights Grand Jury or prosecutor weighs Grand Jury or prosecutor weighs

evidenceevidence Arraignment/set bail/attorney/informed Arraignment/set bail/attorney/informed

of charges/set court dateof charges/set court date Speedy public trial by impartial jury Speedy public trial by impartial jury VerdictVerdict SentencingSentencing

44thth Amendment Amendment

'The right of the people to be 'The right of the people to be secure in their persons, houses, secure in their persons, houses, paperspapers, and effects, against , and effects, against unreasonable searches and unreasonable searches and seizuresseizures, shall not be violated, and , shall not be violated, and no Warrants shall issue, but upon no Warrants shall issue, but upon probable cause, supported by Oath probable cause, supported by Oath or affirmation, and particularly or affirmation, and particularly describing the place to be describing the place to be searched, and the persons or searched, and the persons or things to be seized.things to be seized.

66thth Amendment Amendment In all criminal prosecutions, the accused In all criminal prosecutions, the accused

shall enjoy the right to a speedy and public shall enjoy the right to a speedy and public trial, by an impartial jury of the State and trial, by an impartial jury of the State and district wherein the crime shall have been district wherein the crime shall have been committed, which district shall have been committed, which district shall have been previously ascertained by law, and to be previously ascertained by law, and to be informed of the nature and cause of the informed of the nature and cause of the accusation; to be confronted with the accusation; to be confronted with the witnesses against him; to have compulsory witnesses against him; to have compulsory process for obtaining witnesses in his favor, process for obtaining witnesses in his favor, and to have the Assistance of Counsel for and to have the Assistance of Counsel for his defence. his defence.

88thth Amendment Amendment

Excessive bail shall not be Excessive bail shall not be required, nor excessive fines required, nor excessive fines imposed, nor cruel and unusual imposed, nor cruel and unusual punishments inflicted.punishments inflicted.

55ThTh Amendment Amendment

No person shall be held to answer for No person shall be held to answer for a capital, or otherwise infamous a capital, or otherwise infamous crime, unless on a presentment or crime, unless on a presentment or indictment of a Grand Jury, except in indictment of a Grand Jury, except in cases arising in the land or naval cases arising in the land or naval forces, or in the Militia, when in forces, or in the Militia, when in actual service in time of War or actual service in time of War or public danger public danger