Rights of the Accused Unit 4 Chapter 20 Section 3

Writ of habeas corpus  Definition: To prevent unjust arrest and imprisonment, the prisoner is to be brought before the court, and the officer must show just cause why the prisoner should not be released.  Constitution guarantee: Article I Section 9  Definition: To prevent unjust arrest and imprisonment, the prisoner is to be brought before the court, and the officer must show just cause why the prisoner should not be released.  Constitution guarantee: Article I Section 9

Bill of attainder  Definition: a legislative act that provides for the punishment of a person without a court trial.  Related to Separation of Powers: tell legislative body to be lawmakers, not judges  Definition: a legislative act that provides for the punishment of a person without a court trial.  Related to Separation of Powers: tell legislative body to be lawmakers, not judges

Ex post facto law  Definition: a criminal law that applies to crime committed before the law was passed.  3 criteria:  It is a criminal law  It applies to an act committed before its passage.  It works to the disadvantage of the accused.  Definition: a criminal law that applies to crime committed before the law was passed.  3 criteria:  It is a criminal law  It applies to an act committed before its passage.  It works to the disadvantage of the accused.

Define:  Grand Jury: The formal device by which a person can be accused of a serious crime.  Indictment: a formal complaint that the prosecutor lays before a grand jury.  Presentment: a formal accusation brought by grand jury on its own motion.  Grand Jury: The formal device by which a person can be accused of a serious crime.  Indictment: a formal complaint that the prosecutor lays before a grand jury.  Presentment: a formal accusation brought by grand jury on its own motion.

Define:  Information: an affidavit in which the prosecutor swears that there is enough evidence to justify a trial.  Double jeopardy: part of the 5 th amendment that says no person can be put in jeopardy of life or limb twice.  Information: an affidavit in which the prosecutor swears that there is enough evidence to justify a trial.  Double jeopardy: part of the 5 th amendment that says no person can be put in jeopardy of life or limb twice.

Define:  Bench Trial: a trial in which a judge alone hears the case. No jury!  Self-incrimination: No person can be forced to be a witness against him or herself.  Bench Trial: a trial in which a judge alone hears the case. No jury!  Self-incrimination: No person can be forced to be a witness against him or herself.

RightAmendment Right to a grand jury 5 th No double jeopardy 5 th Right to a speedy and public trial 6 th Right to trial by an impartial jury 6 th Right to adequate defense 6 th No self-incrimination 5 th