CONSTITUTIONAL LAW The Rights of the Accused and Constitutional Law Chapter 15.3

Where do our Rights Originate? English Common Law and the dual US Court system Precedents Stare decisis US Constitution Article I, section 9 rights Due Process: Legal procedures guaranteed to all 5 th Amendment guarantees federal due process; the 14 th Amendment incorporates this right in the states

4 th Amendment What does the 4 th Amendment protect citizens from? What does it take to get a search warrant? What case incorporated this right to states? Why is the exclusionary rule important? Define Discuss examples Discuss exceptions

5 th Amendment This amendment is one of the most important to the rights of the accused: Due Process defined and guaranteed No self-incrimination Right to a grand jury No double jeopardy What case incorporated the right to remain silent to states? Why is this important?

6 th Amendment What legal rights are found in the 6 th Amendment? Right to a speedy, public trial Find an impartial jury (Klopfer v. NC) Right to an attorney What case incorporated this right to states? Right to use and face witnesses Why is this important How does the court get people to appear? Right to know your charges

8 th Amendment What rights are guaranteed under the 8 th Amendment? Right to reasonable bail Define and discuss Right to reasonable fines Right to not be subjected to cruel and unusual punishments? Discuss debate surrounding the issue of capital punishment and methods

Extension of the Issues Complete the questions for p. 49. Get into philosophical chairs to debate. Wrap up with review.