Consider: Why are the rights of the accused important? The Last Word: #6 for tomorrow; Friday Quick Quiz "The first lady is in China. During her trip,

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Presentation transcript:

Consider: Why are the rights of the accused important? The Last Word: #6 for tomorrow; Friday Quick Quiz "The first lady is in China. During her trip, Michelle Obama fed panda bears. Like most people the first lady feeds, the bears politely ate the bamboo and then had a cheeseburger the minute she left." –Conan O'Brien "Toronto held the first mayoral debate of 2014 tonight. Rob Ford faced four challengers. When Rob Ford ran for mayor in 2010, his slogan was 'Stop the gravy train.' Then he realized he loves gravy. And you need a train to get it there." –Jimmy Kimmel "Hillary Clinton yesterday made some very strong remarks about the media. She said that the media treat powerful women with a double standard. Or as it got reported in most places, 'Hillary Clinton shows off sassy new haircut.'" –Jimmy Fallon "Obamacare hit its numbers. Despite all the initial problems, Healthcare.gov surpassed the enrollment goal, over 7 million. Now the Republicans are saying that they're going to repeal the Internet." –Bill Maher "The White House finally met their enrollment goal for Obamacare. President Obama held a press conference and said this means that Obamacare is 'here to stay.' He added, 'because if you think getting INTO the program was hard, just try getting OUT.'" –Jimmy Fallon

RIGHTS OF THE ACCUSED: AP Government and Politics Chapter 4 Homework: Assignment 6

The Fourth Amendment  Protection from?  What does it require in order to conduct a reasonable search?  How does an officer get a warrant?  What happens if the government conducts a search which is considered unreasonable?  What exceptions exist? Good faith Inevitability Plain view

The 5 th, 6 th, 7 th and 8 th amendments all offer protections for citizens from government  No person shall be held to answer for a capital…crime, … unless on …indictment of a Grand Jury, … nor shall any person be subject for the same offence to be twice put in jeopardy … ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.  In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, … and 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, and to have the Assistance of Counsel for his defense.  Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Significant Interpretations of the Rights of the Accused  4 th - Weeks vs. US (Mapp vs. Ohio)  Created the Exclusionary Rule (then incorporated it)  5-7 th - Miranda vs. Arizona  Suspects must be informed of their rights before questioning; “Miranda rights”  6 th - Gideon vs. Wainwright  Counsel must be provided to defendants in all felony cases; incorporated  8 th Gregg vs. Georgia  Rules DP is constitutional with bifurcated process  General – Boumediene vs. Bush  Gitmo detainees deserve habeas corpus

Rights of the Accused: Current Issues