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Defendants’ Rights

Defendants’ Rights. Criminal Justice personnel are limited by the Bill of Rights Failure to follow rules can invalidate a conviction Searches and Seizures: Probable Cause To arrest or obtain a warrant, an officer must have reasonable suspicion of a crime. Exclusionary Rule

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Defendants’ Rights

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Presentation Transcript

  1. Defendants’ Rights • Criminal Justice personnel are limited by the Bill of Rights • Failure to follow rules can invalidate a conviction • Searches and Seizures: • Probable Cause • To arrest or obtain a warrant, an officer must have reasonable suspicion of a crime. • Exclusionary Rule • Evidence, no matter how incriminating, cannot be introduced at trial if it was improperly obtained.

  2. Defendants’ Rights • Basic Rights during investigation • Arrest • Probable Cause • Search Automobile • Probable Cause or “plain sight” • Search home/office/etc. • Warrant obtained from a judge • Drug Testing • No warrant or probable cause • Wiretapping • Warrant from a judge

  3. Defendants’ Rights • Basic Rights during a trial • To be informed of the accusation against you • To call witnesses to testify on your behalf • To be confronted by the witnesses testifying against you • To have a lawyer (unless you waive your right) • To have a jury (unless you waive your right) • To have a “speedy trial” • Preliminary trial held within 100 days of arrest

  4. Defendants’ Rights • Self-Incrimination • A person accused of a crime is not legally required to be a witness against him/herself in court. • Miranda rights (during interrogation)

  5. Defendants’ Rights • The Million Dollar Question • How can we maximize freedom to express ourselves… • And uphold rights of people who oppose each other… • While still maintaining peace and order? • The courts continue to refine the answer to this complicated question.

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