Rights of the Accused

1. Rights of the Accused Civil Liberties

2. Principles • It is often said in the American justice system that it is better to allow ten guilty people to go free than to let one innocent person be punished.

3. Habeus Corpus • A writ that states that an officer holding a prisoner must be brought before the court, and explain why the prisoner should not be released. • The writ can only be suspended in times of rebellion or when public safety may require it. • Abraham Lincoln suspended the writ in 1861 during the beginning of the Civil War, though the Supreme Court later ruled in 1866 that the President or Congress could not do this if there was no fighting going on.

4. Bill of Attainder • A legislative act that inflicts punishment without a court trial • This is prohibited by the Constitution • This is done as both a protection of individual freedom and a tool of separation of powers

5. Ex Post Facto Laws • Three Features • 1) A criminal law • 2) Refers to an act committed before its passage • 3) Works to the disadvantage of the accused • Ex. If a law is made that it is illegal to gamble in Louisiana, the state cannot arrest anyone who has ever gambled in that state.

6. Grand Jury • “No Person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury. ---5th amendment • Grand Jury- A formal device by which a person can be accused of a serious crime • Usually consists of 16-23 people • 12 of those can turn in an indictment

7. Indictment • Formal complaint that the prosecutor lays before a grand jury, charging the accused with one or more crimes • If the Grand Jury believes there is enough evidence to go to trial, they turn in a true indictment. If not, then the charges are dropped • Grand Jury proceedings are not a trial

8. Double Jeopardy • Protected by the 5thand 14th amendment • Once a person is tried for a crime, they cannot be tried again for the same crime • One can however be tried in both a federal and state court. (selling narcotics etc.)

9. 6th amendment • “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” • Speedy Trial- Meant to ensure the government will try a person accused of a crime without undue delay • Speedy Trial Act of 1974- The time of a persons arrest and the beginning of a criminal trial cannot be more than 100 days

10. Public Trial • Guaranteed by both the 6th and 14th amendment • The judge can limit both the number of spectators and what kind of spectators are allowed at a trial. • A judge can also order a courtroom to be cleared

11. The Media • Television cameras are barred from all federal courtrooms • The Court has held that States may allow television cameras as long as steps are taken to avoid too much publicity and they do not hinder the protection of the defendant’s rights

12. Trial by Jury • The 6th amendment allows that all tried in federal crimes are allowed to have a jury trial • States must provide a jury in all serious crimes. • Defendants can request a change of venue, moving the location of a trial to some other venue. The judge makes the final decision on this matter

13. Waiving the right to a jury trial • Defendants have the ability to waive this right • Judges can order a jury trial even when this right has been waived • Bench Trial- A trial where the judge alone hears the case

14. Jury Numbers • There Must be at least 12 members of a jury in a federal criminal trial • State trials can fluctuate between 6 and 12 jury members in both civil and criminal cases

15. Convictions • Juries mostly must come up with a unanimous decision to grant a conviction • Most states follow the same rule

16. Rights to an Adequate Defense • The 6th amendment gives the right to • 1) be informed of the nature and cause of the accusation • 2) To be confronted with the witnesses against him • 3) To have a compulsory process for obtaining witnesses in his favor • 4) To have the assistance of counsel

17. Escobedo vs. Illinois (1964) • Police had questioned Escobedo, even though he repeatedly asked to see his lawyer first. He later made damaging statements that hurt him at his trial • The Supreme Court later ordered Escobedo to be freed, stating that he had been denied his right to counsel

18. Gideon v. Wainwright • An attorney must be given to a defendant who cannot afford one. • Today, public defenders are common and generally defend clients who can’t afford attorneys

19. Self Incrimination • “No person can be compelled in any criminal case to be a witness against himself.” 5th amendment The burden of proof is on the prosecutor, as a defendant does not have to prove if he or she is innocent.

20. Taking the fifth • This right applies to not only cases, but also any government proceedings • This is a personal right, and can only be invoked individually • Does not prohibit a person from; • Being fingerprinted • Photographed • Appearing in a line-up

21. Self Incrimination • Does provide protection from submitting confessions under duress, such as a result of torture or other physical pressure

22. Miranda v. Arizona • This laid the groundwork for the Miranda warning • Police have to inform anyone they arrest of their constitutional rights

23. Miranda Warning • All citizens who are arrested must be; • 1) told their right to remain silent • 2) warned that what they say can be used in court • 3) informed of their right to an attorney • 4) told that if they can’t hire an attorney, one will be provided • 5)told that they can bring questioning to an end at any time