Rights of the accused 5th, 6th, 8th amendments

5th amendment You do not have to testify against yourself Miranda rights: you have the right to remain silent You may not be tried for the same crime twice (no double jeopardy) Eminent Domain: government may seize your property for public use with “just compensation”

6th amendment Speedy, public trial Impartial jury of your peers Informed of the crimes you’re accused of Hear witnesses and evidence against you Can get witnesses to testify in your favor Right to an attorney Miranda rights: if you cannot afford an attorney, one will be provided

8th Amendment Prohibits cruel or unusual punishment, and excessive bail or fines

Plea Bargains Prisoner pleads guilty (usually to a lesser charge) in exchange for a lighter sentence 95% of felony convictions in the United States are the result of plea bargains Results in higher prison population

Juveniles and Sentencing 2010: Supreme Court rules that sentencing minors who have not committed homicide to life in prison is cruel and unusual

After the Trial The United States is the world’s leader in incarceration, with 2.3 million people locked up; this is a 500% increase over the last thirty years. Federal Prison Statistics TOTAL CORRECTIONS POPULATION Total Incarcerated, Prison and Jail 2,297,400 Probation Population4,203,967 Parole Population 819,308 JUVENILES IN CUSTODY 86,927 CORRECTIONS EXPENDITURES: $52.3 billion

CA Prison Statistics: Total Incarcerated, Prison and Jail 252,269 Probation Population312,046 Parole Population106,035 JUVENILES IN CUSTODY 14,034 STATE CORRECTIONS EXPENDITURES $9.5 billion Late September 2011: governor Brown signs bill to send 20,000 prisoners to county jails; many will be released since the counties can’t handle them