“It is better to let 10 guilty people go free then that one innocent person be punished.” Innocent until proven guilty.

So… Someone thinks they saw you commit a crime They told the police and the police had enough evidence to have probable cause to get a search warrant They search your house and they think you are guilty Now what…

Rights of the Accused Can you be arrested? Writ of Habeas Corpus- officers must have good cause for arresting you Bill of Attainder- punishment without trial (illegal) Ex Post Facto Law- a law passed after the fact Example- if snowboarding is made illegal tomorrow, you cannot be punished for when you went snowboarding last week

Rights of the Accused Miranda v Arizona Miranda Rule- you must be told your rights when arrested 1. Right to remain silent 2. Anything said can be used in court 3. Right to an attorney 4. Public defender will be provided if you can’t afford one 5. Can stop being questioned at any time Exceptions…

Rights of the Accused First Appearance- see a judge within 24 hours, set bail and conditions, appoint public defender Intake- attorney reviews case and files charges (indictment) Arraignment- informed of charges and enter a plea (guilty, not guilty) Plea Negotiation- both sides come to an agreement (No Trial)

Rights of the Accused Prepare an Adequate Defense Access to a lawyer no matter what Be aware of the charges against you Confront witnesses in open court, Examine (your witnesses) cross-examination (other side’s witnesses) Subpoena witnesses (force them to attend) Protection against self-incrimination (don’t have to take the stand in your own defense)

Rights of the Accused Speedy and Public Trial Speedy Trial Act- trial should occur within 100 days Exceptions… Public Trial- judge can limit # of people and who Media- usually same rights as the public most courts don’t allow tv recording The prosecution must prove that the defendant committed the crime “beyond a reasonable doubt”

Rights of the Accused Trail by Jury Grand Jury- people that decide if the indictment is true (at least 12 votes are needed) Petit Jury- smaller jury for some federal cases, often 6 people You can give up your right to a jury and have a bench trial Bench Trial- the judge alone decides the case

Rights of the Accused Coming to a Verdict No one is allowed to hear the jurors discussion toward a decision One crime often involves multiple charges/verdicts Example-

Rights of the Accused Double Jeopardy Once a person is tried for a crime, they can’t be tried for that crime again Doesn’t apply when: Juries don’t reach a decision The case is appealed to a higher court You violate a federal and state crime at the same time Example- selling narcotics you can be tried in federal courts and state courts