123 Go To Section: 4 Chapter 20, Section 3 Learning Objectives: Rights of the Accused S E C T I O N 3 Learning Objectives: Rights of the Accused What is writ of habeas corpus, bills of attainder, and ex post facto laws. The guarantee of a speedy and public trial. What constitutes a fair trial by jury
123 Go To Section: 4 Article I, Sections 9 & 10 Chapter 20, Section Writ of Habeas Corpus—A court order which prevents unjust arrests and imprisonment Bills of Attainder—laws passed by Congress that inflict punishment without a court trial Ex Post Facto Laws—new laws cannot apply to things that happened in the past
123 Go To Section: 4 Guided Reading Legal TermDefinitionPurpose writ of habeas corpus 1. a court order to bring a prisoner before a court and show cause why he or she should not be released 2. to prevent unjust imprisonment
123 Go To Section: 4 Guided Reading Legal TermDefinitionPurpose bill of attainder legislative act that inflicts punishment without a court trial banned to preserve individual freedom and the separation of powers
123 Go To Section: 4 Guided Reading Legal TermDefinitionPurpose 5. ex post facto law criminal law that applies to an act committed before its passage 6. banned to prevent the government from trying to punish people for actions that were not crimes at the time they were committed
123 Go To Section: 4 Grand Jury Chapter 20, Section A grand jury is the formal device by which a person can be accused of a serious crime. It is required for federal courts under the 5th Amendment. The grand jury deliberates on whether the prosecution’s indictment, a formal complaint, presents enough evidence against the accused to justify a trial. Only the prosecution presents evidence. The right to a grand jury is not covered by the 14th Amendment’s Due Process Clause. Most States have legislated to skip the grand jury stage.
123 Go To Section: 4 Guided Reading Legal TermDefinitionPurpose indictment 7. formal complaint laid before a grand jury by a prosecutor prevents overzealous prosecutors from recklessly charging people with crimes
123 Go To Section: 4 Speedy and Public Trial Chapter 20, Section The right to a speedy and public trial was extended as part of the 14th Amendment’s Due Process Clause by Klopfer v. North Carolina, The Speedy Trial Act of 1974 requires that the beginning of a person’s federal criminal trial must take place no more than 100 days after the arrest. A judge can limit who can watch a trial if the defendant’s rights are in jeopardy.
123 Go To Section: 4 Guided Reading Legal TermDefinitionPurpose 8. presentment formal accusation brought by a grand jury on its own motion allows grand jury to act when a prosecutor has some interest in not prosecuting
123 Go To Section: 4 Guided Reading Legal TermDefinitionPurpose double jeopardy 9. trying a person twice for the same crime 10. banned to protect citizens from being prosecuted after being acquitted of the same crime
123 Go To Section: 4 Trial by Jury Americans in criminal trials are guaranteed an impartial jury chosen from the district where the crime was committed. If a defendant waives the right to a jury trial, a bench trial is held where the judge alone hears the case. Most juries have to be unanimous to convict. Chapter 20, Section
123 Go To Section: 4 Guided Reading Legal TermDefinitionPurpose bench trial 11. trial in which the judge alone hears the case, rather than a jury the defendant always has the right to a jury trial, but that may be waived if the defendant is fully aware of his or her rights
123 Go To Section: 4 Right to an Adequate Defense Some rights of the accused: Chapter 20, Section
123 Go To Section: 4Self-Incrimination The Fifth Amendment declares that no person can be “compelled in any criminal case to be a witness against himself.” This protection extends to the States, and sometimes to civil trials if the self-incrimination could lead to a criminal charge. A person cannot be forced to confess to a crime under extreme circumstances. A husband or wife cannot be forced to testify against their spouse, although they can testify voluntarily. In Miranda v. Arizona, 1966, the Supreme Court set an historic precedent when it would no longer uphold convictions in cases in which the defendant had not been informed of his or her rights before questioning. This requirement is known as the Miranda Rule. Chapter 20, Section
123 Go To Section: 4 Guided Reading Legal TermDefinitionPurpose 12. Miranda Rule 13. rule based on the Court decision of Miranda v. Arizona, stating that suspects must be told of their rights before being questioned by police to prevent the police from coercing confessions or self-incriminating testimony from uninformed suspects
123 Go To Section: 4 Guided Reading What four criteria are used to determine if a trial delay is unconstitutional? 14. the length of the delay, the reasons for it, whether the delay harmed the defendant, and whether the defendant asked for a prompt trial What is a petit jury? 15. A petit jury is a trial jury.
123 Go To Section: 4 Guided Reading What was the Supreme Court’s ruling in Escobedo v. Illinois, 1964? 16. The Court ruled that Escobedo was denied his right to counsel and therefore should freed. What does the 5th Amendment ban? 17. self-incrimination Grand Jury 18. a formal device by which a person can be accused of a serious crime
123 Go To Section: 4 Section 3 Review 1. The ban on bills of attainder exists because (a) Congress had abused this power. (b) colonial English government had abused this power. (c) Thomas Jefferson was the victim of such a bill. (d) all of the above. 2. A bench trial is held if (a) the publicity surrounding a case requires it. (b) the defendant waives the right to a trial by jury. (c) the defendant pleads guilty. (d) the prosecutor has little evidence of a crime. Chapter 20, Section 3 Want to connect to the Magruder’s link for this section? Click Here!Click Here!