Objective 29l-Analyze the rights of the accused Kelsey McLaughlin and Kelsey Bois Kelsey McLaughlin and Kelsey Bois

4 th and 14 th Amendment 4 th -prohibts unreasonable searches and seizures by federal officers 4 th -prohibts unreasonable searches and seizures by federal officers 14 th -prohibts unreasonable searches and seizures by state and local officers. 14 th -prohibts unreasonable searches and seizures by state and local officers.

5 th, 6 th and 8 th Amendments The Fifth Amendment- The Fifth Amendment- –Protection against self- incrimination. –Right to a Grand Jury –Not a subject to Double Jeopardy

Fifth Amendment

5 th, 6 th, and 8 th Amendments The Sixth Amendment- The Sixth Amendment- –Criminal Proceedings –A criminal has the right to be tried in court without delay –Right to impartial jury

5 th, 6 th, and 8 th Amendment The Eighth Amendment- The Eighth Amendment- –Punishment for crimes. –No excessive bail –Prohibition of cruel and unusual punishment.

Mapp v. Ohio Went to search Mapp’s home for gambling evidence without a warrant. Went to search Mapp’s home for gambling evidence without a warrant. Didn’t find gambling evidence but found obscene books and Mapp was sentenced to jail. Didn’t find gambling evidence but found obscene books and Mapp was sentenced to jail.

New Jersey v. T.L.O 4 th and 14 th Amendments 4 th and 14 th Amendments A high school student was accused of smoking in the bathroom. A high school student was accused of smoking in the bathroom. A vice principal searched her purse and found cigarettes, marijuana, and evidence that T.L.O had been involved in dealing marijuana. A vice principal searched her purse and found cigarettes, marijuana, and evidence that T.L.O had been involved in dealing marijuana.

New Jersey v. T.L.O Continued T.L.O was sentenced to probation but appealed on the grounds that the search was unreasonable T.L.O was sentenced to probation but appealed on the grounds that the search was unreasonable The court created a “reasonable suspicion” rule for school searches, a change from the “probable cause” requirement in the wider society. The court created a “reasonable suspicion” rule for school searches, a change from the “probable cause” requirement in the wider society.

Miranda v. Arizona 5 th, 6 th, and 14 th Amendments 5 th, 6 th, and 14 th Amendments Ernesto Miranda singed a confession that he had “full knowledge of his legal rights…” Ernesto Miranda singed a confession that he had “full knowledge of his legal rights…” He appealed because he claimed that without counsel and without warnings, it was illegally gained. He appealed because he claimed that without counsel and without warnings, it was illegally gained.

Miranda v. Arizona cont. The court agreed with Miranda that every person must be read there rights. The court agreed with Miranda that every person must be read there rights. Like the right to remain silent, that anything he says can be used against him in a court of law. Like the right to remain silent, that anything he says can be used against him in a court of law.

Gideon v. Wainwright Upheld 6 th Amendment- right to a counsel. Upheld 6 th Amendment- right to a counsel. Gideon was found guilty of breaking and entering. Gideon was found guilty of breaking and entering. Appealed because he had been denied counsel during trial. Appealed because he had been denied counsel during trial. Granted him a new trial with counsel and was found not guilty. Granted him a new trial with counsel and was found not guilty.

Gregg v. Georgia 8 th Amendment 8 th Amendment Gregg was sentenced to death for finding him guilty on 2 counts of murder and armed robbery. Gregg was sentenced to death for finding him guilty on 2 counts of murder and armed robbery. He appealed claiming it violated “cruel and unusual punishment.” He appealed claiming it violated “cruel and unusual punishment.”

Gregg v. Georgia cont. Court upheld Gregg’s sentence stating for the first time that “punishment of death does not invariably violate the Constitution.” Court upheld Gregg’s sentence stating for the first time that “punishment of death does not invariably violate the Constitution.”