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Rights of the Accused

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

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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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