Defendants’ Rights Edgenuity Lessons 3.4 and 3.5

Your Rights: Due Process Edgenuity 3.4

The 4th Amendment Summarize this for your vocab:

The 4th Amendment Search and seizure must be reasonable, which means that it Must be based on probable cause Must include a warrant (piece of paper from courts giving officers permission to search)

Mapp v. Ohio (1961) Facts of the case: Officers illegally searched Dollree Mapp’s home Entered based on eyewitness tips Discovered illegal materials in the home Mapp was convicted of a crime She argued her 4th Amendment rights had been violated

Mapp v. Ohio (1961) The Decision The Impact Supreme Court ruled in Mapp’s favor Officers executed a search illegally She could not be convicted based on evidence they gathered The Impact Created the exclusionary rule Evidence obtained in an illegal search cannot be used in court Evidence obtained in a legal search (with a warrant) can be used

Limits to search and seizure You don’t need to know these for the test, but they may be on the Edgenuity quiz: Terry v. Ohio 1967 Law enforcement can carry out a stop and frisk Horton v. California 1990 Law enforcement does not need a warrant to gather evidence that is in plain view

The 5th Amendment Summarize this for your vocab:

Elements of the 5th Amendment Due process All people accused of a crime are subject to the same treatment and rules Protects citizens against self- incrimination A citizen cannot be forced to confess to a crime or speak out against yourself Grand jury No citizen can be tried for a capital (serious) crime without first being indicted This means a jury hears the evidence against you and decides whether or not to file criminal charges Double jeopardy No citizen can be tried twice for the same crime Just compensation No citizen’s property can be taken by the government without fair payment

Miranda v. Arizona (1966) Facts of the case: Ernesto Miranda confessed to multiple crimes Police did not remind Miranda of his right to avoid self-incrimination Miranda was convicted and sentenced to prison He appealed his case by arguing that his 5th Amendment rights were violated

Miranda v. Arizona (1966) The Decision The Impact Supreme Court ruled that Miranda was denied his rights He had not been instructed that he had the right to avoid self-incrimination The Impact People suspected of a crime cannot be pressured into confessing Officers must inform citizens of their rights prior to questioning them while in custody Called Miranda rights

Limits to protection against self-incrimination You don’t need to know these for the test, but they may be on the quiz: New York v. Quarles 1983 Officers do not need to read Miranda rights if public safety is immediately at risk Duckworth v. Eagan 1988 Law enforcement can create its own Miranda warning if it communicates the same message

Your Rights: Trials & Punishments Edgenuity 3.5

The 6th Amendment Summarize this for your vocab:

Elements of the 6th Amendment Speedy and public trial All citizens are guaranteed this An accused person may only have a temporary stay in jail before seeing a judge A jury hears evidence and offers a verdict The accused faces trial in the state/area where the crime took place

Elements of the 6th Amendment Informed and confronted An accused person has the right to: Hear what he or she is being accused of See evidence being used against him or her Force a witness to appear in court (subpoena)

Elements of the 6th Amendment Right to counsel All people have the right to be represented by counsel An attorney is assigned to the case if the accused person cannot afford one The accused is allowed the option to represent himself or herself

Gideon v. Wainwright 1963 Facts of the case: Clarence Gideon was denied counsel during his burglary trial Was forced to represent himself Lost his case, but appealed by arguing he deserved counsel

Gideon v. Wainwright 1963 The Decision The Impact Courts ruled that Gideon’s 6th Amendment rights had been violated Did not receive counsel Did not have the opportunity to represent himself appropriately The Impact The guarantee of counsel is essential to a fair trial States must provide a lawyer for defendants in criminal cases

The 8th Amendment Summarize this for your vocab:

Elements of the 8th Amendment Bail and fines Must fit the crime The accused may be allowed to pay bail and be released from custody while awaiting trial Fines can be charged when a person breaks the law Cruel and unusual punishment The Constitution prohibits cruel and unusual punishment The punishment must fit the crime

Furman v. Georgia 1972 You don’t need to know this one for the test, but it may be on the quiz: Facts of the case: William Furman was sentenced to death for a murder He accidentally shot and killed a homeowner during a robbery He argued his sentence was cruel and unusual

Furman v. Georgia 1972 The Decision The Impact Supreme Court ruled in Furman’s favor The punishment may have been based in discrimination Georgia had unclear standards for when capital punishment should be applied The Impact States were required to create clear standards to be applied fairly before capital punishment could occur Standard definitions of crimes Standard punishments