Presentation on theme: "Chapter 4 The Supreme Court and the Constitution"— Presentation transcript:
1Chapter 4 The Supreme Court and the Constitution Section 3Rights of the Accused
2Presumption of Innocence Why is this the way we approach an accused individual?1. The accuser/government has all the advantages2. Burden of ProofThis is the government’s jobReasonable Doubt
3Presumption of Innocence What is a negative/problem with presumption of innocence?1. Guilty people go free2. Guilty people may plea bargainPlead guilty to a lesser charge
4Due Process14th Amendment – allowed due process for all people – federal law and state law2 TypesProcedural – government follows the rules by which it has agreed to treat the accusedSubstantive – the laws themselves are fair and constitutional
5Due Process cont. Probable Cause Miranda Grand Jury A valid reasonMirandaRemain silent and have an attorneyGrand JuryIs there enough evidence?Informed of the chargeSpeedy and public trial by jury
6Due Process cont.Prosecution must prove to a jury that the accused is guilty beyond a reasonable doubtAccused does not have to answer questionsAccused can question the accusersAccused can have testimony on their behalfDouble JeopardyAppeal
7Supreme Court Decisions Expanded Rights of the AccusedMapp v. OhioEvidence gotten illegally can not be used against an accused personGideon v. WainwrightFlorida man put in jail after he had to defend himself in courtIf you can’t afford an attorney?
8Supreme Court Decisions cont. Miranda v. ArizonaInformed of your rights upon arrestShould lawbreakers have this many rights?orShould society’s right to protection from these criminals be of greater importance?
9Section 4 Civil Rights Constitutional Terms Civil Rights Constitutional rights guaranteed to all citizensDiscriminationPolicy or attitude that denies equal rights and treatment to a certain group of peopleSegregateTo separate people based on race, ethnic background or classJim Crow LawsLegislation trying to segregate people based on race
10Dred Scott v. Sandford Dred Scot Black slave Lived with his master in Missouri (a slave state)They lived in a free state (Illinois) and a free territory (Minnesota)On return to Missouri Dred Scot sued for his freedomSupreme Court ruled that he was property and could not sue for his freedom
11Plessy v. FergusonLate 1800’s people in the north and south denied civil rights to black AmericansThe south used Jim Crow Laws – legislation to segregate“Separate but Equal” facilities was not a denial of civil rightsHomer Plessy – What happened?
12Brown v. Board of Education of Topeka 8 year old Linda Brown sued the Topeka Board of EducationShe had to travel to an all black school when a “white” school was close to her homeThe Court reversed it’s ruling in Plessy v. FergusonThe court said that “separate educational facilities are inherently unequal”separate but equal “has no place in public education”
13Brown v. Board of Education cont. The Court ordered states to integrate their schools “with all deliberate speed.”This case was the beginning of the modern day civil right’s movement (1954)
14Other Minorities & Civil Rights Other Americans - Chinese, Japanese, Native, Latinos, Women, JewsAll of these groups have experienced prejudice and discrimination throughout historySome ExamplesKorematsu v. United StatesPearl Harbor attackRelocation campsWhat did the Supreme Court rule?
15Cleveland Board of Education v. LaFleur WomenMaternity leaveSupreme Court ruled in favor of LaFleurCleveland School Board rules regarding maternity leave were unconstitutional under the 14th Amendment