BELLWORK What are the three types of crime? (Page 430)

BELLWORK Petty offenses: minor crimes such as parking illegally, littering, etc. Misdemeanors: more serious crimes such as vandalism, stealing inexpensive items, drunk and disorderly conduct, etc. Felonies: most serious crimes such as kidnapping, arson, rape, fraud, forgery, murder, etc.

BELLWORK /week-in-rap-march / Write down three things you found interesting from the Week in Rap.

Reminder Chapter 15 Assessment: Due Tuesday, March 9 th Pages , 1-17 & 21-23

TAKE NOTES OF ANYTHING IN: BLACK

Rights of the Accused CHAPTER 15, SECTION 4 Essential Question: Do those accused of a crime have rights??

Rights of the AccusedDescription Draw this this on your paper, leave enough room to write, we will be filling this out as we go

Rights of the Accused A duty of government is to protect society against criminals and another duty is to protect individual rights… sometimes these conflict. Justice means protecting the innocent from police power but also punishing the guilty. The Founders attempted to meet this challenge in the Constitution and Bill of Rights by setting out principles that would guard both the rights of the accused and the rights of society on a national level, this section of the chapter deals with these rights.

Writ of Habeas Corpus: AKA The Great Writ Habeas corpus is Latin for “that you have the body,” and writ is Latin for “order,” therefore, a writ of habeas corpus is a court “order” to bring the “body” or prisoner to court, in order for the detainer to explain to a judge why the person is being held. If the judge finds that there is not sufficient cause, the prisoner must be released. This write is typically used in criminal cases by persons serving sentences in state and federal prisons to reopen their cases on the grounds of illegal detention.

Searches and Seizures In order to accuse people of committing crimes, police need evidence. The 4 th Amendment states that people have the right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” but there is no precise definition of what constitutes reasonable or unreasonable searches and seizures, therefore courts deal with the issue on a case-by-case basis. Prior to 1980, over 20 states allowed police to ender homes without warrants if they had reason to believe the occupant had committed a felony. This changed after the 1980 Court case of Payton v. New York when it was ruled that the 4 th Amendment forbids searching a home without a warrant, unless in a life-threatening emergency. Today, police must have court issued warrants or probable cause in order to justify searches. The exclusionary rule states that illegally obtained evidence cannot be used in federal courts, this further encourages law enforcement to obtain evidence through the use of warrants.

Rights of the AccusedDescription No Unreasonable Search and Seizure Police must obtain a warrant

Guarantee of Counsel The 6 th Amendment guarantees a defendant the right “to have the assistance of counsel for his defense.” In federal cases, the courts provided the counsel but it has not always been incorporated on a state level. In 1942, in the case of Betts v. Brady, the Court ruled that states did not have to provide a lawyer in cases not involving the death penalty, fortunately, this changed 21 years later. In 1963, in the case of Gideon v. Wainwright, the Court incorporated the right to counsel on a state level, they overturned Betts v. Brady, therefore, those accused now have a right to a lawyer at the publics expense.

Rights of the AccusedDescription No Unreasonable Search and Seizure Police must obtain a warrant Guarantee of Counsel The accused has the right to an attorney

Self-Incrimination The 5 th Amendment states that no one “shall be compelled in any criminal case to be a witness against himself.” What does that even mean? Well the courts interpret this as the government must prove a person’s guilt, an accused person does not need to prove innocence or help the government make its case by testifying at his or her own trial. The first two major Court cases to deal with this were Escobedo v. Illinois in 1964 and Miranda v. Arizona in In Escobedo v. Illinois, it was ruled that incriminating statements made when someone has been denied access to a lawyer may not be used in trial.

Miranda v. Arizona

Rights of the AccusedDescription No Unreasonable Search and Seizure Police must obtain a warrant Guarantee of Counsel The accused has the right to an attorney No Self-Incrimination Confessions cannot be obtained by force or violence

Double Jeopardy The 5 th Amendment states that no one shall be “twice put in jeopardy of life and limb.” Double jeopardy means a person may not be tried twice for the same crime, thus protecting people from harassment. If a crime violates both state and federal law, the crime can be tried in both state and federal levels. Double jeopardy also does not apply if a defendant makes an appeal in a higher court.

Rights of the AccusedDescription No Unreasonable Search and Seizure Police must obtain a warrant Guarantee of Counsel The accused has the right to an attorney No Self-Incrimination Confessions cannot be obtained by force or violence Double Jeopardy No person may be tried for the same crime twice

Cruel and Unusual Punishment The 8 th Amendment forbids cruel and unusual punishment. But what is cruel and unusual? Problems arise when it comes to defining what cruel and unusual punishment is because it is subjective. Because of this, the Supreme Court has rarely found that a penalty is cruel and unusual. The main debate of cruel and unusual has to do with the death penalty.

Rights of the AccusedDescription No Unreasonable Search and Seizure Police must obtain a warrant Guarantee of Counsel The accused has the right to an attorney No Self-Incrimination Confessions cannot be obtained by force or violence Double Jeopardy No person may be tried for the same crime twice Cruel and Unusual Punishment Punishments for crimes must be reasonable

Closing Activity There are 32 states in the U.S., including Nevada, that practice the death penalty and 18 states that have abolished it. Based on the information on pages 442 & 443, do you think the death penalty is cruel and unusual punishment or is it a reasonable punishment for certain crimes? Explain and support your argument. (4-5 Sentences)