The Judicial Branch Chapter 18

Part 5 Rights of the Accused

To make sure this happens an accused person has a number of rights: “It is better that ten guilty persons go free than that one innocent person be punished” Any person who is suspected or accused of a crime is innocent until proven guilty To make sure this happens an accused person has a number of rights: Habeas Corpus Bills of Attainder Ex Post Facto Grand Jury Double Jeopardy Speedy and Public Trial Trial By Jury Right to an Adequate Defense Self -Incrimination

1. Habeas Corpus Prevent unjust arrests and imprisonments Person must be taken before the court and just cause must be shown why they are being accused Lincoln suspended the Writ of Habeas Corpus in 1861 Taney: Unconstitutional New law: Habeas Corpus Act 1866: Unconstitutional again

2. Bills of Attainder A legislative act that inflicts punishment without a court trial Neither Congress nor the States are allowed to do this Legislative branch can define laws but not declare someone guilty Keeps people from being punished without a trial

3. Ex Post Facto Laws A law passed after the fact A criminal law, one defining a crime or providing for its punishment Applies to an act committed before its passage Works to the disadvantage of the accused Neither Congress nor States can pass such laws

4. Grand Jury The formal device by which a person can be accused of a serious crime 16-23 people with a vote of 12 to bring and indictment Indictment: a formal complaint that the prosecutor lays before a grand jury Only the prosecution is present Protect the accused from over zealous prosecutors

5. Double Jeopardy Once a person has been tried for a crime they cannot be tried again for the same crime Exception Federal vs state If it is a hung jury Protect the accused from having to go back to trail over and over again

6. Speedy and Public Trial The government will try someone without undue delay and it a public trial Protects the accused from Being arrested and sitting in jail for years with no idea when your trial will be The government doing something shady and not being held accountable Can’t be too speedy or too public

7. Trial by jury Impartial jury Trial jury is often called a petit jury The trial is held where the accused did the crime Defendant may request a bench trial No jury only the judge hears the case

8. Right to an adequate defense The accused has the right to the best possible defense that circumstances will allow Defendants have the right to Be informed of the nature and cause of the accusation To be confronted with the witnesses against him To have compulsory process for obtaining witnesses in his favor To have the Assistance of counsel for his defense

9. Self-Incrimination No person can be compelled in any criminal case to be a witness against himself The prosecution has the burden of proof in criminal cases Miranda v. Arizona Right to remain silent Anything you say may be used against you Right to an attorney One will be provided if they can’t afford it May end police questioning at any time