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Safeguarding the Rights of the Accused

Explore the key legal protections for individuals accused of crimes, such as habeas corpus, bill of attainder, and more. Learn about grand jury, double jeopardy, and other crucial concepts safeguarding the rights of the accused in the legal system.

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Safeguarding the Rights of the Accused

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  1. Rights of the Accused Unit 4 Chapter 20 Section 3

  2. Writ of habeas corpus • Definition:To prevent unjust arrest and imprisonment, the prisoner is to be brought before the court, and the officer must show just cause why the prisoner should not be released. • Constitution guarantee: Article I Section 9

  3. Bill of attainder • Definition: a legislative act that provides for the punishment of a person without a court trial. • Related to Separation of Powers: tell legislative body to be lawmakers, not judges

  4. Ex post facto law • Definition: a criminal law that applies to crime committed before the law was passed. • 3 criteria: • It is a criminal law • It applies to an act committed before its passage. • It works to the disadvantage of the accused.

  5. Define: • Grand Jury: The formal device by which a person can be accused of a serious crime. • Indictment: a formal complaint that the prosecutor lays before a grand jury. • Presentment: a formal accusation brought by grand jury on its own motion.

  6. Define: • Information: an affidavit in which the prosecutor swears that there is enough evidence to justify a trial. • Double jeopardy: part of the 5th amendment that says no person can be put in jeopardy of life or limb twice.

  7. Define: • Bench Trial: a trial in which a judge alone hears the case. No jury! • Self-incrimination: No person can be forced to be a witness against him or herself.

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