Homework : 9 th amendment research questions on Monday

1. FrontPage: Have research questions on your desk. Respond to this statement: “It is better to let ten guilty people go free than to imprison one innocent person.” Homework: 9th amendment research questions on Monday

2. The Rights of the Accused

3. The Rights of the Accused • Why is it important to give rights to accused persons?

4. The 5th Amendment (abridged) No person shall be held to answer for a capital…crime…unless on indictment by a grand jury; nor shall any person be subject for the same offence to be twice put in jeopardy…; nor…in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken…, without just compensation.

5. Protections in the 5th Amendment • Grand jury necessary to bring indictment against a person in a capital (serious) federal crime • Protection against self-incrimination and double jeopardy • Prosecutor also cannot make an argument based on this fact • “Due Process” • Requires the government to follow all rules of procedure before they can take a person’s life, liberty or property. • Just compensation

7. Escobedo vs. Illinois The Chicago police brought in Danny Escobedo on suspicion that he had shot and killed his brother-in-law and proceeded to question him at length. Escobedo repeatedly asked to see his lawyer, but his requests were denied. After a long night at police HQ, he made some incriminating statements and was eventually convicted with the help of these statements. • Result/Impact: • The Supreme Court rules that if a suspect’s rights are violated, any evidence gained as a result can be thrown out • In effect, creates an “Exclusionary rule” for the 5th amendment

8. Doe vs. Arizona Mirandavs. Arizona John Doe was arrested and questioned by police officers regarding the rape and kidnapping of an Arizona woman. Police immediately questioned him and eventually, Doe confessed to the rape. Police officers used this confession at his trial and Doe was convicted. • Result/Impact: • The Court rules that suspects MUST be informed of their rights upon arrest or before questioning.

10. Is this interpretation of the Bill of Rights controversial?

11. The 6th Amendment …the accused shall enjoy the right to a speedy and public trial, by an impartial jury …, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

12. The Right to Trial • Before the jury trial, accused parties were sometimes tried by ordeal. Think of the trial by water • in which accused witches were tried. After being thrown into water, if they floated, God had • rejected them and they were guilty of the crime if they drowned, then God had accepted them • as innocent. The concept of earthly justice did not come about until the jury trial was instituted • by King Henry II in the 12th Century.

13. Gideon vs. Wainwright Gideon was charged with breaking into a pool hall with the intent to commit a crime. He requested a court appointed attorney, but the court denied the request. Without a lawyer Gideon was convicted and sentenced to a 5-year jail term. Gideon appealed his conviction. • Result/Impact: • The Supreme Court rules that if a person cannot afford an attorney, the court MUST appoint them one. • This expanded on earlier rulings that in death penalty cases or certain other specific situations, an attorney could be provided to a defendant

14. For discussion… • In what situations can evidence be considered admissible? • When can defendants or accused persons exercise their 5th amendment rights?

15. V