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Chapter 14.2 Rights of the Accused

Chapter 14.2 Rights of the Accused. As we have learned, the government uses its police power to prevent crime and to arrest people who break the law. . Writ of habeas corpus. A writ of habeas corpus

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Chapter 14.2 Rights of the Accused

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  1. Chapter 14.2 Rights of the Accused • As we have learned, the government uses its police power to prevent crime and to arrest people who break the law.

  2. Writ of habeas corpus • A writ of habeas corpus • Court order directing officials holding a prisoner to show cause why he or she should not be released • This right can be suspended ONLY under circumstances of rebellion or invasion… • Civil War • American Revolution • WWII? • But what about under suspicion of acts of terrorism?

  3. Bills of Attainder • The Constitution bans bills of attainder • legislative acts that inflict punishment without a court trial. • This protects individual liberty • Only Exception: • Suspension of driver’s licenses in DUI cases!

  4. Ex Post Facto Laws • The Constitution bans ex post facto laws • criminal laws that provide punishment of a crime committed before the law was passed.

  5. The Grand Jury • In order to charge a person with a serious crime, a federal prosecutor must obtain a “presentment” from a grand jury • This allows the case to go to trial • This right has NOT been • extended to the states • under the 14th • Amendment!

  6. Double Jeopardy • This is a guarantee that a person may not be tried twice for the same crime • A hung-jury does not count • as “jeopardy” • This is for criminal cases – • civil cases may be appealed • A person may be tried twice under concurrent jurisdiction • Example: City of Akron and Summit County

  7. A Speedy and Public Trial • Speedy Trial – 6th Amendment • requires a person be given a prompt trial • most often 100 days from arrest • Public Trial • this right belongs to defendant, not the media! • Coverage must not infringe on the defendant’s rights

  8. Trial By Jury • Right to a trial by an impartial jury • a unanimous verdict is usually required for conviction. • No person may be • deliberately excluded from a • jury on such grounds as • Race • Color • Religion • Gender

  9. Rights to an adequate defense: • Persons accused of crimes have the right to: • be informed of the charges against them • legal counsel • Better known as Miranda Rights • “You have the right remain silent….”

  10. Self- Incrimination • A person may not be compelled to give testimony against himself. • The burden of proof is on the plaintiff! • Coerced confessions can not be used • Police can not force you to confess under threats! • Called the Miranda Rule

  11. Homework • Pg. 328 • 2,3,4! • Due tomorrow!

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