“Ryan Rose, you are under arrest!” What rights do you have? Look it up.

Chapter 20, Section 1 The Meaning of Due Process

The Exclusionary Rule If the police violate your due process rights in gathering information or evidence, it cannot be used against you in court.

Due Process Rights in the Constitution Writ of Habeas Corpus— right to be brought before a judge (the court). No Bills of Attainder—laws passed by Congress that would inflict punishment without a court trial. No Ex Post Facto Laws— new laws cannot apply to things that happened in the past.

“ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” What does this mean? The 4 th Amendment

Aspects of the 4th Amendment

Warrants are not needed in cases of: Trash set on the curb “Plain view” evidence When police are in “hot pursuit” At the scene of a crime

U.S. v. Leon – Evidence obtained through a faulty warrant can be used as long as police acted in “good faith” to get the warrant. Maryland v. Garrison – Evidence can be used even though police made an “honest mistake” during a warranted search. Exclusionary Rule Exceptions

Fifth Amendment: No Self- Incrimination The Fifth Amendment states that “No person shall be …compelled in any criminal case to be a witness against himself. So criminals cannot be required to take the stand in a trial. “Plead the 5 th.”

Grand Jury A grand jury is required for federal courts under the 5th Amendment. The grand jury decides whether the prosecution’s indictment, a formal complaint, presents enough evidence against the accused to justify a trial.

No Double Jeopardy A person cannot be put on trial twice for the same offense. Two (or more) charges can come from the same offense. Does not apply to mistrials and appeals.

Sixth Amendment: Right to counsel The Sixth Amendment guarantees a right to counsel. In Gideon v. Wainwright (1963), Gideon, a poor man, was accused of a crime and denied a lawyer. The Court ruled unanimously that a lawyer was a necessity in criminal court, not a luxury. The state must provide a lawyer to poor defendants in felony cases.

Speedy and Public Trial The right to a speedy and public trial was extended as part of the 14th Amendment’s Due Process Clause by Klopfer v. North Carolina, The Speedy Trial Act of 1974 requires that the beginning of a person’s federal criminal trial must take place no more than 100 days after the arrest. A judge can limit who can watch a trial if the defendant’s rights are in jeopardy.

Trial by Jury Americans in criminal trials are guaranteed an impartial jury chosen from the district where the crime was committed. If a defendant waives the right to a jury trial, a bench trial is held where the judge alone hears the case. Most juries have to be unanimous to convict.

Right to an Adequate Defense “fair trial” 1. to be informed of the content and form of the accusation 2. to be confronted with the witnesses against her/him 3. to be able to subpoena witnesses to testify on his/her behalf 4. to have a lawyer speak in his/her defense