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Rights of the Accused

Rights of the Accused. Writ of habeas corpus.

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Rights of the Accused

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  1. Rights of the Accused

  2. Writ of habeas corpus • Is intended to protect people from unjust arrests and imprisonments. It is a court order directed to an officer holding a prisoner. It commands that the prisoner be brought before the court and that the officer show cause why the prisoner should not be released. • The right to seek a writ of habeas corpus is protected in Article 1, section 9 of the Constitution.

  3. Writ Suspended • The Writ of habeas corpus was suspended on several occasions during the American Civil War. • Lincoln suspended it in 1861 in various parts of the North. • The court ruled Lincoln’s actions unconstitutional, so congress gave the president authority to suspend habeas corpus • The Writ of habeas corpus has only been suspended once since the Civil War. • After the attacks on Pearl Harbor on December 7th, 1941 the Governor suspended habeas corpus.

  4. Grand Juries • The constitution states that “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury” • The Grand juries must return with an indictment for the trial to go to prosecution.

  5. Protections for the Accused • Double Jeopardy • Once a person has been tried for a crime, he or she cannot be tried again for that same crime. • Right to a speedy trial • The government must ensure that a trial is held within an appropriate amount of time. • Right to a public trial • Trials must be open for the public to observe the trial. • Trial by Jury • A person convicted must be tried by a impartial jury of their peers. • Protection from Self-Incrimination • No person can be “compelled in any criminal case to be a witness against himself.”

  6. Bench Trial • A judge hears the case alone. • This had to be waived by the defendant, and is usually only done if the defendant pleads guilty.

  7. Miranda Rights • Before the police can question a subject, that person must first be: • Told of his or her right to remain silent. • Warned that any thing he or she says can be used in court. • Informed of the right to have an attorney present during questioning. • Told that if he or she is unable to hire an attorney, one will be provided at the public expense. • Told that he or she may bring police questioning to an end at any time.

  8. Miranda v. Arizona • In 1966, a mentally retarded man, Ernesto Miranda, had been convicted of kidnapping and rape. • The victim picked Miranda out of a line-up • The police picked up Miranda and questioned him for two hours, where he confessed. • At no point was he told of his rights. • This was deemed unconstitutional by the court.

  9. Bail • Bail is a sum of money that the accused may be required to post as a guarantee that he or she will appear in court. • The constitution protects people from excessive bail.

  10. Cruel and Unusual Punishment • The Constitution’s 8th amendment forbids “cruel and unusual punishment” • The 14th amendment forces the states to forbid “cruel and unusual punishment” in their jurisdiction. • Today, some advocate groups are pushing to end solitary confinement because the detrimental mental effects that it has. • They view this punishment as “cruel and unusual”

  11. Capital Punishment • Is punishment by death • In Furman v. Georgia 1972 the court ruled that the application of the death penalty was unconstitutional. • The court stated that convicts that ended up being executed tended to be African American or poor or both.

  12. p. 576 • Why is the coffin labeled “Constitution” being lowered into the ground? • To imply that Lincoln has “murdered” the Constitution by withdrawing one of the basic rights it establishes.

  13. p. 578 • What protections does the Constitution extend to those convicted of crime? • No excessive fine • No cruel and unusual punishment • Right to appeal

  14. p. 583 • What were the long-term effects of the Miranda decision on police procedures? • The Miranda Rule has become a routine part of police practice and is well-know to the public.

  15. Quick Write • Should the Federal Government deny the right to due process to citizens that support terrorism or is that a violation of their rights?

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