Rights of the Accused

Rights of the Accused 4th, 5th, 6th and 8th Amendments to the Constitution

5th amendment – restricts actions of the national government 14th amendment – restricts actions of the state governments Incorporation of rights Selective Incorporation (case by case) starting with Gitlow in 1925 Substantive DueProcess: The “What” or policies of Government action Pierce v. Society of Sisters Procedural DueProcess: The “How” or methods Rochin v. California Due Process of the Law5th and 14th amendments

“Police Powers” of the states • Promote Health- limit sale of alcohol (age, time, place, etc), tobacco, laws for vaccinations (Jacobson v. Massachusetts) • Promote Safety – forbid weapons, require use of seat belts, texting while driving • Promote Morals – outlaw gambling, obscene materials (Roth and Miller Cases) • Promote General Welfare – education laws, public utilities, help the needy

4th Amendment Rights • Prevents Blanket Searches (writs of assistance) • Warrant based on probable cause (Florida v. JL –anonymous tip not probable cause) • Unconstitutional – thermal imaging (Kyllo v. US) and blood tests without consent (Ferguson v. City of Charleston)

4th Amendment Exceptions • Plain View Doctrine – Minnesota v. Carter • Area incident to arrest – Chimel v. California • Stop and Frisk – Terry v. Ohio • Automobiles – California v. Acevedo and Wyoming v. Houghton

Exclusionary Rule • Define: any illegally obtained evidence cannot be used against you • Weeks v. United States - actions of national government • Mapp v. Ohio – state governments

Exceptions to the exclusionary rule • Nix v. Williams – inevitable discovery rule • United States v. Leon – “good faith” exception • Arizona v. Evans – computer error not human error • Maryland v. Garrison – “honest mistakes”

Actions NOT allowed • Suspension of the writ of habeas corpus – prisoner must be brought before the court • Bills of attainder – you may not punish without a trial (exception: bench trial or plea bargaining) • Ex post facto laws – works to the disadvantage (only for civil cases)

Grand Jury – find notes in Court notes No self incrimination – you do not have to testify against yourself No double jeopardy Exceptions: mistrial, hung jury, appeal, state and federal crimes involved Due Process of the Law – actions of national government Eminent Domain – government may take private property for public use with compensation 5th Amendment Protections

6th Amendment Protections • Speedy and Public Trial • Barker v. Wingo – set standards – 4 part test (length, reasons, harm and did he/she ask?) • Speedy Trial Act 1974 – 100 days federal • Shepard v. Maxwell – vs fair press • Trial by a Jury – petit jury, peers, Article III • Adequate Defense – Betts v. Brady, Gideon v. Wainwright

Miranda Rules • Escobedo v. Illinois – starts trend – asked for his attorney but was denied (conviction overturned) • Miranda v. Arizona – tell accused of constitutional rights if detained and questioned. • Dickerson v. United States – embedded in our culture – we all know them

Bail – why? No jail until guilt determine; better to work on defense Insurance Bond 10 percent – property and/or cash – back if you show up for trial Case Law Stack v. Boyle – no excessive United States v. Salerno – preventive detention permitted 8th amendment – punishment phase

Cruel and Unusual Punishment Case Law • Louisiana v. Resweber – may try a second time if the first is unsuccessful • Estelle v. Gamble - must give medical care • Rhodes v. Chapman – two per cell is permitted • Furman v. Georgia - death penalty unconstitutional due to arbitrary means • Woodson v. Georgia – death penalty may not be mandatory punishment • Gregg v. Georgia – death penalty permitted – look at circumstances and two phase trial

Rights of the Accused