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Rights of the accused

Rights of the accused. They’re not just in the Bill of Rights. Habeas Corpus. Intended to prevent unjust arrests and imprisonments. The government must be able to justify the imprisonment of a person before the courts Located in Article I, Section 9

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Rights of the accused

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  1. Rights of the accused They’re not just in the Bill of Rights

  2. Habeas Corpus • Intended to prevent unjust arrests and imprisonments. • The government must be able to justify the imprisonment of a person before the courts • Located in Article I, Section 9 • Writs of Habeas Corpus can only be suspended “when in cases of rebellion or invasion the public safety may require it”.

  3. Bill of Attainder • Legislative act that inflicts a punishment without a court trial. • Congress and the states are not allowed to pass them. Ex Post Facto • The government cannot prosecute crimes that were not crimes when they were committed.

  4. The Fifth Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury . . . nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself . . .

  5. Grand Jury • 16-23 people • The prosecution presents its evidence, the defense does not • 12 (out of 16) people needed to indict • Indictment - a formal accusation that a person has committed a criminal offense • Basically seeing if there is enough evidence to justify a trial

  6. Double Jeopardy • “Twice put in jeopardy of life or limb”. • Once you have been tried, you cannot be tried again on the same charges. • However, you can break both state AND federal laws, which results in a federal case and a state case. • Also does not apply the criminal and civil cases. • OJ Simpson was acquitted of killing two people, but then found responsible for their deaths in a civil trial.

  7. Self Incrimination • “nor shall be compelled in any criminal case to be a witness against himself” • Only applies to oral statements • Does not apply to voice samples, finger prints, line ups • Escobedo v. Illinois: When a suspect emerges in a case and is being interrogated, they have the right to an attorney if they ask for one. The interrogation stops until the attorney is present. • Asking for an attorney does not create probable cause

  8. Self Incrimination (cont.) • Miranda v. Arizona: “Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used against him, and that he has a right to the presence of an attorney, either retained or appointed” • Not required for non-custodial interrogations or comments made during a traffic stop. • Remaining silent cannot be used to generate probable cause for arrest • You do need to identify yourself and present ID (if you have any) if the police ask for it

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