Constitutional Rights Before a trial Fourth Amendment protects from unreasonable searches and seizures Need of evidence to prosecute Search warrants Official legal document from a judge Must be based on probable cause What and where to look Prosecute means to conduct criminal proceedings in court against someone Exceptions when a search warrant is not necessary: pat downs Frisk someone behaving suspiciously when police enter a building in an emergency or when chasing a criminal suspect generally don’t need warrants to search vehicles as long as they believe the vehicle contains contraband, they may search it allowed to search if the person voluntarily consents to the search Government officials can search airports and international borders Can search an item in plain view garbage on a street Does a person have a “reasonable expectation of privacy”?

Exclusionary Rule Rule that forbids the introduction of evidence obtained illegally into a trial Does not necessarily prevent arrest If the police were acting in good faith and believed they had a valid warrant, then, they may be allowed to use the evidence at trial. “Good Faith” Exception has become more common

Special issues: Schools need reasonable suspicion but not a warrant Fixed-point searches can be done without any pre-suspicion Racial profiling is inappropriate in most cases

Interrogations: Standard, formal, fair questioning after an arrest Individuals have 5th amendment protection Individuals have the right to “counsel” (5th is protection against self-incrimination)

Miranda Rights Right to remain silent Right to the presence of an attorney (hired or appointed) Miranda Rigths are part of 5th amendment Right to inform suspects in custody of their rights before questioning them If a defendant is not informed of his or her rights, any statements he or she makes cannot be used in court

Constitutional rights during a trial Presumption of innocence The defendant in a case must be considered innocent until the government proves he or she is guilty Each element of the crime must be proven beyond a reasonable doubt

Right to a jury Citizens from the community in which the trial is taking place Chosen by attorneys for both sides Cannot be excluded based on race, gender or national origin Seldom used 6th amendment….provides for a trial by an impartial jury of the state and district wherein the crime shall have been committed Defendents in felony criminal cases in all state and federal courts have a right to a jury trial Juries are not used very often. Many cases are settled b plea bargains before trial (pleads guilty to a lesser crime than the crime originally charged with Many defendants waive their right to a jury trial and proceed to a bench trial before a judge (faster, less expensive, and feeling of less bias)

Right to an Attorney Wherever a jail sentence may be imposed, a defendant is given an attorney (even if they can’t afford it) 6th amendment provides that in all criminal prosecutions, the accused shall enjoy the right to have counsel for his defense 1938 case ruled federal courts had to appoint if defendant was too poor; in 1963, defendeants in state courts were also given this right

Other Rights: Speedy and public trials in all criminal cases Has right to confront witnesses and cross-examine You cannot be forced to testify against yourself in a criminal trial (6th amendment) Also have right to get a court order requiring a witness to testify

Constitutional rights after a trial Sentences Ex Post Facto Clause Prevents the government from punishing anyone for doing something that was not a crime when the act was committed The punishment imposed on someone after a guilty verdict

Three-strikes laws Laws that impose an automatic minimum sentence of 25 years or life imprisonment when a person is convicted of a serious offense for the third time Made constitutional in Ewing v. California

States with 3 strikes laws are in red

Capital Punishment Today only reserved for murder, treason, and espionage

History in the entire country; since colonial days

Otherwise, lethal injection is automatically chosen method

Writ of Habeas Corpus An imprisoned person can request a court to reexamine his or her case to see if his or her imprisonment is unlawful The prisoner can do it or someone can do it on his or her behalf Cannot be suspended except in cases of rebellion or invasion