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Rights of the accused
Terms in this set (19)
Guarantees "the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures"
Police must state under oath that they have _______ to suspect someone of committing a crime to justify a search; generally, they must obtain a warrant from a court official before searching for evidence or making an arrest. The warrant must describe the place and person, or things to be seized.
illegally obtained evidence can't be used in court
Mapp v. Ohio (1961)
Incorporated the exclusionary rule to the
New Jersey v. T.L.O. (1985)
School officials do not need a warrant or probable cause to search students/property
Miranda v. Arizona (1966)
Suspects must be told...
-of their constitutional right to remain silent and may stop answering questions at any time
-what they say can be used against them in a court of law
-they have a right to have a lawyer present during questioning and the court will provide an attorney if they can't afford one
(Right to counsel)
"And all criminal prosecutions, the accused shall enjoy the right... Do you have assistance of council for his defense"
Gideon v. Wainwright (1963)
SCOTUS extended the right to get an attorney to everyone accused of a felony in the state court
6th Amendment (right to trial)
Right to a speedy and public trial, impartial jury, and have witnesses for and against him
A deal struck between the defendants lawyer and the prosecutor to the effect that a defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state not prosecuting for a more serious crime (90% of all trials start and end with this)
No person shall be "twice put in jeopardy of life and limb"
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"
Furman v. Georgia (1972)
-Ruled capital punishment as then administered (inconsistent) to be cruel and unusual punishment (arbitrary and disproportionate) and 'invited' states to rewrite death penalty laws
-SCOTUS said you can't make mandatory sentences for specific crimes
Gregg v. Georgia (1976)
-Upheld a new Georgia law- under adequate guidelines, the death penalty isn't cruel and unusual punishment
-executions of mentally retarded convicts struck down as a violation of the 8th amendment
"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed"
In re Gault (1967)
Held that juveniles accused of crimes in a delinquent superseding must be afforded many of the same due process rights as adults, such as timely notification of chargers, right to confront witnesses, right against self-incrimination, and the right to counsel
Anyone arrested must be brought under a judge or courts
No bills of Attainder
Punishing someone without a trial or declaring them guilty without a trial
No ex post facto laws
Retroactively changes The legal consequences of actions that were committed. (You can't charge someone for a crime that was legal when they did it but isn't legal now)
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