Warm-up Do you have rights when you are being arrested? What rights do you have?
Review of the Amendments 4 th Amendment- protects against “illegal search and seizure” by requiring a warrant and probable cause 5 th Amendment- right to remain silent 6 th Amendment-allows for a fair and swift trial
Expansion of Individual Rights The 1960s were a time period of great expansion in individual rights. Johnson’s Great Society, Kennedy’s New Frontier and the Warren Court along with the Civil Rights Movement we have talked about were the main sources of these changes.
Earl Warren was Chief Justice of the Supreme Court from 1953-1969 He led a time of increased judicial power. His court is credited with ending racial segregation, incorporating the Bill of rights and ending prayer in public schools
Mapp v. Ohio (1961) What Happened: Mapp was accused of harboring a bomber. She refused to allow the police to enter her home but they forced their way inside. They found obscene material (which was against Ohio state law) and arrested her. After she was convicted, she appealed saying that the evidence was found illegally. Ruling: Evidence gained in violation of the 4 th amendment (illegal search and seizure) could not be used in court.
Gideon V. Wainwright (1963) What Happened: Gideon was accused of stealing beer and some cash. The court would not give him an attorney and he was found guilty. Gideon appealed from jail and won his appeal. Ruling: The Supreme court Unanimously (all the justices agreed) that state courts are required to provide lawyers in criminal cases to defendants who are unable to afford their own lawyer (6 th Amendment).
Miranda v. Arizona (1966) What Happened: Miranda was arrested for the kidnapping and rape of a young woman. He signed a confession but had not been informed of his right to an attorney or his right to remain silent. Miranda appealed and argued that his confession was not truly voluntary if he was not aware of these rights. Ruling: A defendant has to be informed of their right to consult an attorney and right to remain silent before questioning starts for the interrogation to be admissible in court.
Worksheet Complete the worksheet by figuring out which amendment and which court case relates to each situation presented.
Cartoon Strip Create a cartoon strip about how these court cases have changed how police officers can act when they make arrests. Show the steps to a proper arrest and name the amendments and court cases at each step. Write a couple of sentences about how the court cases we talked about protect the rights of people arrested.
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