Exemplar.  1.Right to an attorney (6 th Amendment) 2.Freedom from unreasonable searches and seizures (4 th Amendment) 3.Freedom from cruel and unusual.

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Presentation transcript:

Exemplar

 1.Right to an attorney (6 th Amendment) 2.Freedom from unreasonable searches and seizures (4 th Amendment) 3.Freedom from cruel and unusual punishment (8 th Amendment) The Rights and Their Rank…

  The freedom from unreasonable searches and seizures and the protection from cruel and unusual punishment are important because they protect you from being arrested and punished unjustly. However, none of that would matter without an attorney. An attorney protects your 4 th amendment right, which makes sure that your 8 th amendment isn’t violated. Why do I rank them in this order?

  This right, outlined in the 6 th Amendment, states that the defendant is allowed to be helped by a counsel, and that one shall be appointed to him/her free of charge if they cannot afford one. The Right to an Attorney He has the right to an attorney… …and so does Hello Kitty… …but not the chicken. 

  Without this right, you would be at a severe disadvantage if you were ever accused of a crime. An attorney knows:  The difference between opening statement and closing arguments  The difference between direct and cross examination  The Rules of Evidence  Objections Importance

  On July 3, 1963, a burglary occurred at Bay Harbor Pool Room in Panama City, Florida. A witness saw Clarence Gideon later that morning with beer and wine in his hands and money in his pockets. He was arrested based on only that. Gideon v. Wainwright (1963)

  Gideon was told that he HAD to represent himself because:  Not illiterate  Not accused of a capital offense  He was found guilty of breaking and entering and the intent to commit larceny and sentenced to 5 years in a maximum security prison.  summary summary The Trial

  He appealed to the Supreme Court declaring that his 6 th Amendment right to an attorney had been violated.  The Supreme Court decided:  Betts v. Brady (1942) was not a proper ruling as it did NOT accurately define the 6 th Amendment  6 th Amendment does NOT distinguish between capital and non-capital offenses  Anyone who is accused of a crime has the right to an attorney  If you are poor, one will be provided to you at no cost  Every person who was in prison who DID NOT have an attorney at his/her original trial, was given a retrial While in prison…

  Gideon DID spend two years in prison for a crime he did not commit simply because he was denied his 6 th Amendment right to an attorney.  But  He was retried with an attorney who represented him, found not guilty and released from prison.  His record expunged  The right to an attorney protected Gideon’s freedom. How the Right to an Attorney Helped Gideon

  Now everyone is guaranteed the right to an attorney in every criminal case. Now everyone  While this does not guarantee that you will receive a fair trial as your attorney may not be good, it DOES help. Attorneys understand the rules of evidence, how to direct and cross examine witnesses, and how to deliver opening statements and closing arguments  If you cannot afford an attorney, one will be appointed to you (part of the Miranda ruling). The Public Defender program. How does this case protect us all?