2.  WRIT OF HABEAS CORPUS—aka “Writ of liberty”  Demands the person being held is brought before the court  The officer must show cause to hold the person  Article I, Section 9  Cannot be suspended “unless when in Cases of Rebellion or Invasion…”

3.  President Lincoln suspended it in 1861  Habeas Corpus has only be suspended once since 1861  Governor of Hawaii suspended it on Dec. 8, 1941 but it was ruled unconstitutional in 1946

4.  Legislative act that inflicts punishment without a court trial  Article I, Sections 9 & 10  Ban protects individual freedoms and our system of separation of powers.  United States v. Brown (1965)  An infrequent ruling by USSC  Landrum-Griffin Act of 1959 made it illegal for a member of the Communist Party to be an officer of a labor union (law overturned)

5.  Definition--Law passed after the fact  Three features:  1) is a criminal law, one defining a crime or providing for its punishment  2) applies to an act committed before its passage  3) works to the disadvantage of the accused

6.  Example—A law banning the sale of marijuana cannot be applied to someone who sold it before the law was passed  Carmell v. Texas (2000)—last ruling on ex post facto laws  USSC overturned a man’s sexual abuse conviction because of a change in State law

7.  Retro-active civil laws are permitted  It is legal for the government to increase income taxes in November and have it apply to the entire year

8.  “No person shall be held to answer for a capital, or otherwise infamous, crime unless on a presentment or indictment of a Grand Jury…”—Vth Amendment  Formal device by which a person can be accused of a serious crime  Federal cases—16 to 23 persons with at least 12 people agreeing to charge someone

9.  INDICTMENT—a formal complaint that the prosecutor lays before a grand jury. It charges the accused with one or more crimes  PRESENTMENT—formal accusation by the Grand Jury  Grand Jury sessions are secret since they are not trials  The defense is not allowed to present material

10.  Contained in the Vth Amendment  DOUBLE JEOPARDY—once a person has been tried for a crime, he or she cannot be tried again for that exact same crime  Example—O.J. Simpson Murder Trial  It is possible to violate both federal and state statues in one act  Trials in this case would not be in violation of Double Jeopardy

11.  If a jury cannot decide on a verdict, a mistrial is declared and there is not jeopardy so the case could be retried with a new jury

12.  SPEEDY TRIAL  The government will try a person for a crime within a reasonable amount of time  How long is too long? No specific time set  Barker v. Wingo (1972)—four criteria for determining if the time was too long

13.  1) the length of the delay  2) the reasons for it  3) whether the delay has in fact harmed the defendant  4) whether the defendant asked for a prompt trial  Speedy Trial Act of 1974 set time between arrest and trial at 100 days with exceptions (extensive medical tests, etc.)

14.  VIth Amendment says the trial must be public  Judges can regulate how many spectators can view and trial and make sure there are no disruptions  Members of the media have no extra rights to be in a courtroom than anyone else

15.  Television is barred from all federal courtrooms  Most states allow some form of television during trials  Defendant has to agree to the TV coverage  Estes v. Texas (1965)—USSC overturned the conviction of a man because of too much press coverage

16.  VIth Amendment says that a person accused of a federal crime must be tried “by an impartial jury”  Trial by jury also mentioned in Article III, Section 2  Prospective jury members must be drawn from the state and district where the crime was committed  Defendant may request a “change of venue”

17.  A defendant may also waive their right to a jury trial  BENCH TRIAL—Only the judge hears the trial and decides guilt or innocence  The defendant can plead guilty to avoid a trial  In Federal Cases, juries must vote unanimously to convict  Most states also follow this rule.

18.  Every person accused of a crime is entitled to the best possible defense that circumstances will allow.  VIth Amendment says that a defendant:  1) has the right “to be informed of the nature and cause of the accusation”  2) has the right “to be confronted with the witnesses against him”

19.  3) has the right “to have compulsory process for obtaining witnesses in his favor” (subpoena—forced to testify)  4) have the right “to have the Assistance of Counsel for his defense”  Gideon v. Wainwright (1963)  USSC held that an attorney must be furnished to a defendant who cannot afford one.

20.  Guarantee set out in the Vth Amendment  In a criminal case, the burden of proof is always with the prosecution  Malloy v. Hogan—the prosecution cannot force the accused to “prove the charge against” him “out of his own mouth”

21.  APPLYING THE GUARANTEE  “Taking the Fifth” applies to any governmental proceeding in which a person in legally compelled to answer any question that could lead to a criminal charge.  Escobedo v. Illinois (1964)—conviction overturned because defendant was refused an attorney and not told he was entitled to one.

22.  MIRANDA v. ARIZONA (1966)  A mentally retarded man, Ernesto Miranda had been convicted of kidnapping and rape.  10 days after the crime, the victim picks Miranda out of a line-up  After being questioned for 2 hours, Miranda confessed  He was not told of his rights

23.  His conviction was overturned.  USSC said they would no longer uphold any conviction if the suspect had not be told about their constitutional rights.  Miranda Rule:  1) right to remain silent  2) anything said can be used against them  3) right to have an attorney present

24. 44) If you can’t afford an attorney, one would be appointed at public expense 55) may end police questioning at any time TTHE END