Cases and Terms – Chapter 8 – Rights of the Accused Module 8 Amendments 4 -7

Cases Escobedo v. Illinois (1964): If requested, a lawyer must be present during police interrogation before an indictment is made Escobedo v. Illinois (1964): If requested, a lawyer must be present during police interrogation before an indictment is made Gideon v. Wainwright (1963): Extended the Sixth Amendment’s right to appointed counsel to indigents in all felony cases. Gideon v. Wainwright (1963): Extended the Sixth Amendment’s right to appointed counsel to indigents in all felony cases. Mapp v. Ohio (1963): Held that a search without a warrant (when there was ample time to obtain one) was unreasonable and that evidence thus seized was inadmissible. This was the case in which the Court utilized the exclusionary rule to enforce constitutional guarantees. Mapp v. Ohio (1963): Held that a search without a warrant (when there was ample time to obtain one) was unreasonable and that evidence thus seized was inadmissible. This was the case in which the Court utilized the exclusionary rule to enforce constitutional guarantees.

Cases Miranda v. Arizona (1966): In invalidating the conviction of Ernesto Miranda for kidnapping and rape, the Court established a set of guidelines that police officers must follow and a set of warnings they should give when interrogating criminal suspects. Miranda v. Arizona (1966): In invalidating the conviction of Ernesto Miranda for kidnapping and rape, the Court established a set of guidelines that police officers must follow and a set of warnings they should give when interrogating criminal suspects. Weeks v. United States (1914) enforces what is known as the exclusionary rule. That is, they exclude from trial evidence that has been seized illegally. This rule, of course, does nothing to remedy the violations of rights that have already occurred, but it arguably serves to deter future illegal conduct and helps keep judicial hands free of the taint of wrongdoing. More negatively, the exclusionary rule can result in the exclusion of some crucial evidence, causing some guilty individuals, as a consequence, to go free. The exclusionary rule was applied to the national government in Weeks Weeks v. United States (1914) enforces what is known as the exclusionary rule. That is, they exclude from trial evidence that has been seized illegally. This rule, of course, does nothing to remedy the violations of rights that have already occurred, but it arguably serves to deter future illegal conduct and helps keep judicial hands free of the taint of wrongdoing. More negatively, the exclusionary rule can result in the exclusion of some crucial evidence, causing some guilty individuals, as a consequence, to go free. The exclusionary rule was applied to the national government in Weeks

Terms Administrative Searches: Rights of employers to search employee effects at places of employment. Administrative Searches: Rights of employers to search employee effects at places of employment. Double Jeopardy: Trying an individual for a crime of which that individual has already been declared not guilty. Such double jeopardy is disallowed by the Fifth Amendment. Double Jeopardy: Trying an individual for a crime of which that individual has already been declared not guilty. Such double jeopardy is disallowed by the Fifth Amendment. Due Process Clauses: Provisions found in the Fifth and Fourteenth Amendments prohibiting the government from taking a person’s life, liberty, or property without due process of law. The later provision has been the primary vehicle by which the guarantees in the Bill of Rights have been applied by judicial decisions to the states. Due Process Clauses: Provisions found in the Fifth and Fourteenth Amendments prohibiting the government from taking a person’s life, liberty, or property without due process of law. The later provision has been the primary vehicle by which the guarantees in the Bill of Rights have been applied by judicial decisions to the states.

Terms Exclusionary Rule: A judge-made rule, applied first to the national government and subsequently to the states, prohibiting the introduction in court of illegally obtained evidence. The rule has been defended both as a means of deterring illegal police conduct and as a mechanism to keep governmental hands clean of wrongdoing; it has been criticized for allowing some criminals to go free. Exclusionary Rule: A judge-made rule, applied first to the national government and subsequently to the states, prohibiting the introduction in court of illegally obtained evidence. The rule has been defended both as a means of deterring illegal police conduct and as a mechanism to keep governmental hands clean of wrongdoing; it has been criticized for allowing some criminals to go free. Good Faith: A recognized exception to the exclusionary rule designed to apply when police have acted in good faith and without knowledge that a warrant was flawed. Good Faith: A recognized exception to the exclusionary rule designed to apply when police have acted in good faith and without knowledge that a warrant was flawed. Grand Jury: A body of citizens convened to determine whether there is sufficient evidence to bring an individual to trial Grand Jury: A body of citizens convened to determine whether there is sufficient evidence to bring an individual to trial

Terms Petit Jury: A trial jury, typically consisting of twelve members of the community, which decides on a defendant’s guilt or innocence and, in some cases, on an appropriate penalty. Petit Jury: A trial jury, typically consisting of twelve members of the community, which decides on a defendant’s guilt or innocence and, in some cases, on an appropriate penalty. Self-Incrimination: The act of testifying to crimes against one’s self. The Fifth Amendment outlaws compulsion against self-incrimination in criminal cases. Self-Incrimination: The act of testifying to crimes against one’s self. The Fifth Amendment outlaws compulsion against self-incrimination in criminal cases. Takings Clause: The provision found in the Fifth Amendment that forbids government from taking private property without providing just compensation. Takings Clause: The provision found in the Fifth Amendment that forbids government from taking private property without providing just compensation.

Terms Rights of Notification, Confrontation and Compulsory Process: Right to be informed of charges, confronted with witnesses against the accused and to obtain witnesses who might be able to exonerate them. Rights of Notification, Confrontation and Compulsory Process: Right to be informed of charges, confronted with witnesses against the accused and to obtain witnesses who might be able to exonerate them. Right to Counsel: Right to an attorney to assist in defense either paid by the accused or paid by the state if the defendant is unable to pay. Right to Counsel: Right to an attorney to assist in defense either paid by the accused or paid by the state if the defendant is unable to pay. Unreasonable Searches and Seizures: Searches and seizures initiated without just cause or proper warrant procedures as specified in the Fourth Amendment. Unreasonable Searches and Seizures: Searches and seizures initiated without just cause or proper warrant procedures as specified in the Fourth Amendment.