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The Warren Court and the Rights of the Accused

The Warren Court and the Rights of the Accused - remain...

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The Warren Court and the Rights of the Accused Chief Justice Earl Warren, appointed by President Dwight D. Eisenhower in 1953, led the Supreme Court through many landmark civil rights and civil liberties cases. Some of the rights that the Warren Court established have been scaled back, but most of the basic principles have remained: The exclusionary rule: In Mapp v. Ohio (1961), the Court ruled that all evidence must be submitted to the judge before the jury sees it in all state and federal criminal trials. If the judge decides that the evidence has been obtained illegally, the prosecution will not be able to use the evidence during the trial. The right to an attorney: In Gideon v. Wainwright (1963), the Court ruled that the government must provide for an attorney to represent those defendants in all criminal cases who cannot afford an attorney on their own. The right to a Miranda warning: In Miranda v. Arizona (1966), the Court ruled that police must inform the accused of his or her rights, including the right to
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Unformatted text preview: remain silent during interrogation. Exceptions to the Exclusionary Rule Since the 1980s, the Court has admitted some illegally obtained evidence under two exceptions to the exclusionary rule: • Inevitable discovery: Evidence is admissible at trial if the police would have eventually discovered the illegally obtained evidence through the course of their investigation anyway. • Good faith: Evidence is admissible from police officers who honestly believe that they acted in compliance with the law. The Right to Privacy Privacy is never explicitly mentioned in the Constitution, yet many Americans believe that they have an inherent right to privacy. In practice, Americans today believe their right to privacy includes access to birth control, the freedom to have abortions, freedom from persecution for some sexual behaviors, and the right to die as one chooses....
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