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Chapter 4 The Supreme Court and the Constitution Section 3 Rights of the Accused.

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Presentation on theme: "Chapter 4 The Supreme Court and the Constitution Section 3 Rights of the Accused."— Presentation transcript:

1 Chapter 4 The Supreme Court and the Constitution Section 3 Rights of the Accused

2 Presumption of Innocence Why is this the way we approach an accused individual? Why is this the way we approach an accused individual? 1. The accuser/government has all the advantages 1. The accuser/government has all the advantages 2. Burden of Proof 2. Burden of Proof This is the governments job This is the governments job Reasonable Doubt Reasonable Doubt

3 Presumption of Innocence What is a negative/problem with presumption of innocence? What is a negative/problem with presumption of innocence? 1. Guilty people go free 1. Guilty people go free 2. Guilty people may plea bargain 2. Guilty people may plea bargain Plead guilty to a lesser charge Plead guilty to a lesser charge

4 Due Process 14 th Amendment – allowed due process for all people – federal law and state law 14 th Amendment – allowed due process for all people – federal law and state law 2 Types 2 Types Procedural – government follows the rules by which it has agreed to treat the accused Procedural – government follows the rules by which it has agreed to treat the accused Substantive – the laws themselves are fair and constitutional Substantive – the laws themselves are fair and constitutional

5 Due Process cont. Probable Cause Probable Cause A valid reason A valid reason Miranda Miranda Remain silent and have an attorney Remain silent and have an attorney Grand Jury Grand Jury Is there enough evidence? Is there enough evidence? Informed of the charge Informed of the charge Speedy and public trial by jury Speedy and public trial by jury

6 Due Process cont. Prosecution must prove to a jury that the accused is guilty beyond a reasonable doubt Prosecution must prove to a jury that the accused is guilty beyond a reasonable doubt Accused does not have to answer questions Accused does not have to answer questions Accused can question the accusers Accused can question the accusers Accused can have testimony on their behalf Accused can have testimony on their behalf Double Jeopardy Double Jeopardy Appeal Appeal

7 Supreme Court Decisions Expanded Rights of the Accused Expanded Rights of the Accused Mapp v. Ohio Mapp v. Ohio Evidence gotten illegally can not be used against an accused person Evidence gotten illegally can not be used against an accused person Gideon v. Wainwright Gideon v. Wainwright Florida man put in jail after he had to defend himself in court Florida man put in jail after he had to defend himself in court If you cant afford an attorney? If you cant afford an attorney?

8 Supreme Court Decisions cont. Miranda v. Arizona Miranda v. Arizona Informed of your rights upon arrest Informed of your rights upon arrest Should lawbreakers have this many rights? Should lawbreakers have this many rights? or or Should societys right to protection from these criminals be of greater importance? Should societys right to protection from these criminals be of greater importance?

9 Section 4 Civil Rights Constitutional Terms Constitutional Terms Civil Rights Civil Rights Constitutional rights guaranteed to all citizens Constitutional rights guaranteed to all citizens Discrimination Discrimination Policy or attitude that denies equal rights and treatment to a certain group of people Policy or attitude that denies equal rights and treatment to a certain group of people Segregate Segregate To separate people based on race, ethnic background or class To separate people based on race, ethnic background or class Jim Crow Laws Jim Crow Laws Legislation trying to segregate people based on race Legislation trying to segregate people based on race

10 Dred Scott v. Sandford Dred Scot Dred Scot Black slave Black slave Lived with his master in Missouri (a slave state) Lived with his master in Missouri (a slave state) They lived in a free state (Illinois) and a free territory (Minnesota) They lived in a free state (Illinois) and a free territory (Minnesota) On return to Missouri Dred Scot sued for his freedom On return to Missouri Dred Scot sued for his freedom Supreme Court ruled that he was property and could not sue for his freedom Supreme Court ruled that he was property and could not sue for his freedom

11 Plessy v. Ferguson Late 1800s people in the north and south denied civil rights to black Americans Late 1800s people in the north and south denied civil rights to black Americans The south used Jim Crow Laws – legislation to segregate The south used Jim Crow Laws – legislation to segregate Separate but Equal facilities was not a denial of civil rights Separate but Equal facilities was not a denial of civil rights Homer Plessy – What happened? Homer Plessy – What happened?

12 Brown v. Board of Education of Topeka 8 year old Linda Brown sued the Topeka Board of Education 8 year old Linda Brown sued the Topeka Board of Education She had to travel to an all black school when a white school was close to her home She had to travel to an all black school when a white school was close to her home The Court reversed its ruling in Plessy v. Ferguson The Court reversed its ruling in Plessy v. Ferguson The court said that separate educational facilities are inherently unequal The court said that separate educational facilities are inherently unequal separate but equal has no place in public education separate but equal has no place in public education

13 Brown v. Board of Education cont. The Court ordered states to integrate their schools with all deliberate speed. The Court ordered states to integrate their schools with all deliberate speed. This case was the beginning of the modern day civil rights movement (1954) This case was the beginning of the modern day civil rights movement (1954)

14 Other Minorities & Civil Rights Other Americans - Chinese, Japanese, Native, Latinos, Women, Jews Other Americans - Chinese, Japanese, Native, Latinos, Women, Jews All of these groups have experienced prejudice and discrimination throughout history All of these groups have experienced prejudice and discrimination throughout history Some Examples Some Examples Korematsu v. United States Korematsu v. United States Pearl Harbor attack Pearl Harbor attack Relocation camps Relocation camps What did the Supreme Court rule? What did the Supreme Court rule?

15 Cleveland Board of Education v. LaFleur Women Women Maternity leave Maternity leave Supreme Court ruled in favor of LaFleur Supreme Court ruled in favor of LaFleur Cleveland School Board rules regarding maternity leave were unconstitutional under the 14 th Amendment Cleveland School Board rules regarding maternity leave were unconstitutional under the 14 th Amendment


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