Essential Questions: What rights are guaranteed to all Americans who are accused of crimes?

Rights of the Accused  Rights of the accused are rights guaranteed by the Amendments to the US Constitution  Apply to individuals who have been ACCUSED of committing a crime – meaning they have been charged, not convicted.  The rights of the accused come from the 4 th, 5 th, 6 th, 8 th, and 14 th Amendments.

4 th Amendment  Protects Americans from unreasonable search and seizures  Police must obtain a search warrant in order to conduct a search  Evidence seized by officers must be obtained legally.

5 th Amendment  Right to Due Process – all Americans charged with a crime deserve certain rights  Protection from Double Jeopardy – an individual cannot be charged with a crime after being found innocent in a court of law  Right to remain silent – an individual does not have to answer investigator’s questions or take the stand in a trial if the testimony you give may incriminate you

6 th Amendment  Criminal Trial Rights:  Speedy Trial  Right to an Attorney  Right to question witnesses  Right to provide witnesses  Right a trial by jury  Right to have trial in the area where you were charged with a crime

Miranda Rights  Right to remain silent (5 th ) and Right to an attorney (6 th ) = Miranda Rights:  You have the right to remain silent when questioned.  Anything you say or do may be used against you in a court of law.  You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.  If you cannot afford an attorney, one will be appointed for you before any questioning, if you wish.  If you decide to answer any questions now, without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.  Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?  Police officers do NOT have to read your rights; they only have to read them IF they want to use anything you could potentially say against you during the trial.

8 th Amendment  Protection from Cruel and Unusual punishment  Protection from Excessive Fines – not incorporated  Protection from Excessive Bail

The 14th Amendment  Due Process at the state level – states must respect the rights of individuals  The Fifth Amendment protects our right to due process in federal cases, but the 14 th Amendment also requires state courts to ensure due process to ALL citizens.

Essential Question: How has the court defined the rights of the accused over time?

Miranda v. Arizona, 1966 Constitutional Question: Do police officers have to inform suspects under interrogation of their rights?  5-4 decision  Police detectives have to inform any one accused of a crime of their rights if they hope to use anything that the individual says as evidence against them.  Justice Warren – the American “system of criminal justice demands that the government seeking to punish an individual produce the evidence against him by its own independent labors, rather than by the cruel, simple expedient of compelling it from its own mouth.”

Gideon v. Wainwright, 1963 Constitutional Question: Do state government have to provide an attorney to someone who cannot afford one?  9-0 decision  State governments have to protect an individual’s right to an attorney, which means paying for one if the individual cannot afford their own.

In Re Gault, 1967 Constitutional Question: Do juvenile offenders receive the same rights as adult offenders?  8-1 decision  Juveniles must have the right to a court appointed attorney if they cannot afford one, to be told of the charges against them, the right to remain silent, and the right to confront witnesses who are testifying against them.

Furman v. Georgia, 1972 Constitutional Question: Can the death penalty be left up to the jury’s discretion?  Nope, that’s a violation of the Eighth Amendment!

Gregg v. Georgia, 1976 Constitutional Question: Is the death penalty always unconstitutional?  No, if the circumstances of the case are severe enough, and the state’s processes for assigning the death penalty are fair, then states can use the death penalty.

Atkins v. Virginia, 2002 Constitutional Question: Is it constitutional to use the death penalty against individuals who are mentally retarded?  No, it is cruel because the punishment is excessive.

Roper v. Simmons, 2005 Constitutional Question: Can the death penalty be used as a punishment for juvenile offenders?  No, it is cruel and unusual.