Aim: How are defendants’ rights part of Civil Liberties? Chap 4, Day 4 Do Now: PAIR/SHARE 1.Put the following actions in chronological order. trial, prosecution, crime, verdict, arrest 2. Do we need protection through all these actions? Why?

Defendants’ Rights Interpreting Defendants’ Rights Criminal Justice personnel are limited by the Bill of Rights. Funnel decreasing in size - crime  arrest  prosecution  trial  verdict Failure to follow the rules usually invalidates a conviction. Courts continually rule on what is constitutional and what is not.

Defendants’ Rights Why must rights be protected every step of the way?

Searches and Seizures Probable Cause? The situation occurring when the police have reason to believe that a person should be arrested. Unreasonable searches and seizures: What is an unreasonable search or seizure? Evidence is obtained in a haphazard or random manner. Why need a search warrant? Search warrant- need probable cause from court, prevent police abuse Exclusionary Rule: The rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained. WHY? Mapp v. Ohio court ruled that 4 th amend protection against unreas sear & seiz must be extended to states

War on Terrorism USA Patriot Act – gave govt new powers for wiretapping, surveillance & investig of terr suspects. Eased restric on domes spying, monitor polit or relig groups w/o connection to crim. Invest., examine suspect’s records by third parties (doctors, libraries, bookstores, universities, Internet), search of priv. property w/o probable cause & w/o notice until after search Congress reauthorized Act in 2006 w/ few changes. Agree or Disagree with Patriot Act?

Self-Incrimination – define? The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. Fifth Amendment Miranda v. Arizona – sets guidelines for police quest. To protect against self- incrim. Miranda warnings Entrapments may be overturned

The Right to Counsel The state must provide lawyers in most criminal cases. Sixth Amendment Gideon V. Wainwright Trials Plea bargaining: An actual bargain between the prosecution and defense. Juries generally consist of 12 people, but unanimity is not always needed to convict.

Cruel and Unusual Punishment The Eighth Amendment forbids cruel and unusual punishment. The Death Penalty Varies from state to state Cannot be mandatory Gregg v. Georgia court upheld constit of death penalty McCleskey v. Kemp upheld death penalty against 14 th amend charges b/c minority defendants more likely to get death penalty than whites. War on Terror – water boarding? Stress positions?