The Rights of the Accused (PowerPoint)

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					The Rights of the Accused
Fourth Amendment – Search and Seizure
I.        Court Cases
     A.      Weeks v. U.S. (1914) – 4th Amendment barred the use of
             evidence secured through illegal search and seizure by federal
             officers
     B.      Mapp v. Ohio (1961) – 4th Amendment exclusionary rule is
             applicable to the states through the 14th Amendment
     C.      Terry v. Ohio (1968) – Person may be detained without
             probable cause to make an arrest if there is reasonable
             suspicion that criminal activity is afoot
     D.      New Jersey v T.L.O. (1985) – 4th Amendment applies to
             searches by public school officials. Searches are judges on
             reasonableness under all circumstances.
     E.      Maryland v. Garrison (1987) – A warrant with a vague address
             is valid, since police obtained the warrant and reasonably
             believed that the person was the only tenant
5th   Amendment
I. Right to Remain Silent
        A. Miranda v Arizona (1966) – Suspects must be warned
        prior to questioning of the right to remain silent, that any
        statement may be used as evidence, and that they have the
        right to an attorney, either retained or appointed.
        B. Colorado v. Spring (1987) – a suspect may waive the 5h
        Amendment privilege providing “the waiver is made
        voluntarily, knowingly, and intelligently.”
II. Due Process
        A. Goss v. Lopez (1975) – students facing temporary
        suspension have the right to due process including notice of
        charges, explanation of the evidence, present his/her
        version, and a hearing may follow removal
5th Amendment
III. Double Jeopardy
        A. Benton v. Maryland (1969) – Double Jeopardy clause is
        applicable to the states through the 14th Amendment
        B. Heath v. Alabama (1985) – Under the “dual sovereignty”
        doctrine, successive prosecutions by two states for the same
        conduct are not barred by the Double Jeopardy clause.
        C. United States v Halper (1989) – A criminal who has
        already been punished in a criminal trial may be subject to
        civil sanctions
IV. Indictment by a Grand Jury
        A. Hurtado v. California (1884) – States do not have to use
        indictment of a grand jury in prosecution of murder or other
        offenses
V. Plead the Fifth
6th   Amendment
I. Right to Counsel
      A. Gideon v. Wainwright (1963) – whenever a
      sentence of 6+ months is possible a defense
      counsel must be provided
8th   Amendment
I. Free of Cruel and Unusual Punishment
        A. Louisiana in rel Francis v. Resweber (1947) – if a person
        escapes death due to mechanical failure, a second execution
        does not violate double jeopardy or cruel and unusual
        punishment
        B. Furman v. Georgia (1972) – carrying out the death penalty
        under the laws of the state was cruel and unusual punishment
        C. Gregg v Georgia (1976) – Reinstated the death penalty
        D. Coker v. Georgia (1977) – Giving the death penalty for rape of
        a female adult was unconstitutional
        E. Stanford v. Kentucky (1989) – The execution of 16 and 17
        year olds for capital crimes was not cruel and unusual
        punishment
       G. Roper v. Simmons (2005) – Overturns Stanford v. Kentucky
8th Amendment
II. Free of Excessive Fines and Bail
III. Factors the Jury Must Weigh in Giving the
    Death Penalty
    A. Mitigating Factors – IQ, family background,
    environment, education
    B. Aggravating Factors – facts surrounding the
    incident, serious bodily injury, weapon, happing
    during the commission of another crime

				
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posted:12/19/2011
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