2 nd Amendment Right to Keep and Bear Arms
8 xrhombus No Unreasonable Searches and Seizures xrhombus Police must have warrants to search homes and to obtain the warrants they must have probable cause xrhombus Exceptions to the rule - Law enforcement officials do have the right to search an individual’s pockets, purse, or car as long as what they obtain was within the view or reach of the individual at the time of the arrest. xrhombus Drug tests by businesses and schools are constitutional. 4 th Amendment Rights of Criminal Defendants xrhombus Protection against self-incrimination …burden of proof is on the prosecution. xrhombus Miranda v. Arizona (1966) o Right to remain silent o Knowledge that what you say can be used against you o Right to an attorney present during questioning o Right to have an attorney provided if you cannot afford one xrhombus No Double Jeopardy – cannot be tried twice for same crime. 5th Amendment Rights of Criminal Defendants
9 xrhombus Exclusionary Rule – prevents the use of illegally obtained evidence xrhombus Mapp v. Ohio (1961) – Without a warrant, police in Ohio search the home of Dollree Map for a fugitive and found obscene materials. She was arrested. o Supreme Court ruling…cannot use illegally seized evidence; inadmissible in courts o Exceptions: if evidence could have been obtained legally anyway and if there was a technically incorrect search warrant mistake, but the evidence was obtained in “good faith”. 4 th and 5 th Amendments Rights of Criminal Defendants xrhombus 6 th Amendment guarantees the right to counsel (attorney) in federal courts. But most trials happen in state courts and most defendants cannot afford an attorney. xrhombus Incorporated in 1932 to include states were required to pay for an attorney for the indigent (poor), but only for capital crimes. xrhombus Gideon v. Wainwright (1963) – Gideon was charged in a Florida state court with a felony for breaking and entering. Had no funds to hire a lawyer and when requested a court appointed attorney the court denied and told they were only obligated in capital cases. Gideon defended himself in the trial and lost and sentenced him to five years. xrhombus Supreme Court extended this right to anyone accused of a felony, and subsequent rulings have extended it to crimes in which imprisonment could be imposed. xrhombus In 2008, the Supreme Court ruled the right to counsel begins with first appearance before a judge. 6th Amendment Rights of Criminal Defendants
10 xrhombus When cases do go to trial, defendants have the right to an impartial jury that is not racially biased . xrhombus Right to a speedy and public trial by impartial jury xrhombus Defendants also have the right to confront witnesses to prevent false testimony and to be informed of evidence that may exonerate them.
You've reached the end of your free preview.
Want to read all 13 pages?
- Fall '15
- Government, Fourteenth Amendment to the United States Constitution, US Supreme Court