Rights of the Accused Civil Liberties: Protecting Individual Rights Section 3 &4

Probable Cause Probable Cause – reasonable suspicion of a crime. Probable Cause Writ of Assistance – Blanket search warrant, which allowed British officers to search private homes Mirandized

ARRESTED!! You will be taken to transportation vehicles (may be handcuffed, frisked, walked with escort, carried on a stretcher, dragged/carried) You will be taken to transportation vehicles (may be handcuffed, frisked, walked with escort, carried on a stretcher, dragged/carried) Choices To cooperate and walk or to not cooperate and go limp so that you have to be carried Choices To cooperate and walk or to not cooperate and go limp so that you have to be carried Either way you are going to jail Either way you are going to jail

Writ of Habeas Corpus – a court order commanding an officer imprisoning someone to show cause why they prisoner should not be released. Protects against illegal imprisonment. Writ of Habeas Corpus – a court order commanding an officer imprisoning someone to show cause why they prisoner should not be released. Protects against illegal imprisonment. Ex Post Facto – makes an act a crime and then punishes someone for committing the act before the law’s passage. Ex Post Facto – makes an act a crime and then punishes someone for committing the act before the law’s passage.

Indictment – a formal complaint against the accused (you) presented by the prosecutor. Indictment – a formal complaint against the accused (you) presented by the prosecutor. Grand Jury – decides if someone can be accused of a serious crime, if there is enough evidence for a trial. Grand Jury – decides if someone can be accused of a serious crime, if there is enough evidence for a trial. Grand Jury Grand Jury

Public, Speedy trial by Jury – if you waive the right you get a Public, Speedy trial by Jury – if you waive the right you get a Public, Speedy trial by Jury Public, Speedy trial by Jury Bench Trial – the judge is the only one who hears the case. Bench Trial – the judge is the only one who hears the case.

Arraignment : Appear before a judge and answer to charges (guilty, not guilty, nolo contendere, mute) Appear before a judge and answer to charges (guilty, not guilty, nolo contendere, mute) Judge sets a court date Judge sets a court date

Bail – the sum of money that an accused person (you) must pay the court as a guarantee that they (you) will appear in court at the proper time. Bail – the sum of money that an accused person (you) must pay the court as a guarantee that they (you) will appear in court at the proper time. Bail Preventive detention - a Federal Judge can keep the accused (you) in jail without bail when there is reason to believe they (you) will commit more crimes before the trial. Preventive detention - a Federal Judge can keep the accused (you) in jail without bail when there is reason to believe they (you) will commit more crimes before the trial. Right to Know Law - A citizen’s right-to-know, sometimes known as freedom of information, fosters accountability, prevents abuses of power and promotes trust in government. Right to Know Law - A citizen’s right-to-know, sometimes known as freedom of information, fosters accountability, prevents abuses of power and promotes trust in government. Right to Know Law Right to Know Law

GUILTY!! Capital Punishment – the death penalty Capital Punishment – the death penalty 8 th Amendment: 8 th Amendment: Forbids cruel and unusual Punishment.

SENTENCING Can show remorse for you actions. Can show remorse for you actions. Can even call witnesses to help explain why your actions were justified Can even call witnesses to help explain why your actions were justified Or you can remain silent Or you can remain silent

Summary Crime Crime Arrest/Informed of Rights Arrest/Informed of Rights Grand Jury or prosecutor weighs evidence Grand Jury or prosecutor weighs evidence Arraignment/set bail/attorney/informed of charges/set court date Arraignment/set bail/attorney/informed of charges/set court date Speedy public trial by impartial jury Speedy public trial by impartial jury Verdict Verdict Sentencing Sentencing

4 th Amendment 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.probable causeprobable cause

6 th Amendment 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, which district shall have been previously ascertained by law, 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 defence. 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, which district shall have been previously ascertained by law, 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 defence.speedy and public trial, by an impartial juryspeedy and public trial, by an impartial jury

8 th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.bail

5 Th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public dangerGrand JuryGrand Jury