1. Constitutional Right to a Fair Trial
Chapter 16

2. Key Terms – Chapter 16 Acquittal Miranda Rights Capital Punishment
Plea Bargain
Contraband
Probable Cause
Counsel
Search Warrant
Double Jeopardy
Self-Incrimination
Espionage
Treason
Ex Post Facto Clause
Exclusionary Rule
Indigent

3. Constitutional Rights Before Trial
Lesson 1

4. Rights of the Accused in a Democracy
Even people charged with or convicted of a crime have constitutionally protected rights.
Procedural due process protects the rights of the accused in criminal cases.
Procedural due process requires notifying a person of a criminal accusation and allowing a response.
Several safeguards protect the rights of a person throughout the criminal justice process.

5. Searches and Seizures
The Fourth Amendment protects Americans from unreasonable government searches and seizures.
Police may obtain a search warrant if they can demonstrate probable cause to suspect a crime.
There are situations in which a warrant is not required to search a person, or their belongings.
Arrest is considered a seizure and requires a warrant or probable cause, but police may stop and question people.
The exclusionary rule is not in the Fourth Amendment and is highly controversial. (Mapp v. Ohio, 1961)

7. Special Issues in Search and Seizure
The Fourth Amendment rights of students are limited.
At international borders and sobriety checkpoints, searches may be made without individual suspicion.
Racial profiling is inappropriate but using race as part of a description is acceptable.

8. Interrogations
The Fifth Amendment protects people from self-incrimination.
The Sixth Amendment ensures people the right to an attorney. Escobedo v. Illinois, 1964
A confession cannot be used in court if it is not voluntary and trustworthy.
The Miranda rights require police to inform suspects in custody of their rights before questioning. Miranda v. Arizona, 1966

10. Constitutional Rights at Trial
Lesson 2

11. Presumption of Innocence
The judge or jury must regard the defendant as innocent until the government proves guilt.
To prove guilt in a criminal trial, each element must be proven beyond a reasonable doubt.
Guilt must be proven, not innocence.
A defendant’s rights are protected by the Fifth and Sixth Amendments.

12. Right to a Jury
Although defendants have a right to a jury trial, most settle with a plea bargain.
The Supreme Court has approved the process of plea bargaining.
Many defendants waive their right to a jury trial.
Prospective jurors cannot be excluded solely because of their race, gender, or national origin.

13. Right to an Attorney
At first, only defendants who could afford an attorney had legal counsel.
Questions arose in Powell v. Alabama, 1932
In 1938, the Supreme Court ruled that federal courts must provide attorneys for indigent defendants.
Further clarified in Betts v. Brady, 1942
In Gideon v. Wainwright, 1963, this right was extended to felony defendants in state courts.
The right to the assistance of counsel is basic to the idea of a fair trial.

15. Other Rights at Trial
The Sixth Amendment provides the right to a speedy and public trial in all criminal cases.
Defendants often waive their right to a speedy trial.
Defendants have the right to confront and cross-examine the witnesses against them.
Defendants cannot be forced to testify against themselves in a criminal trial.

16. The Juvenile Justice System
In the United States, juveniles in trouble with the law are treated differently from adults.
Juveniles may be taken into custody for status offenses such as running away and truancy.
The Supreme Court has ruled that juvenile cases do not require public or jury trials.
Juveniles may be tried in adult courts under exceptional circumstances.

17. Constitutional Rights after a Trial
Lesson 3

18. Purposes and Types of Punishment
When a defendant is found guilty, a judge usually decides the sentence, or punishment.
Purposes of sentences include retribution, deterrence, rehabilitation, restitution, and incapacitation.
The ex post facto clause prevents punishment for actions that were not a crime when they occurred.
Disproportionate incarceration challenges the basic assumption of the fairness of the law.

19. Cruel and Unusual Punishment
The Eighth Amendment prohibits “cruel and unusual punishment.”
Three-strikes laws typically impose automatic, lengthy sentences for a person’s third serious offense.
Capital punishment is the most controversial sentence given to defendants.
Mandatory sentences of life in prison without parole are unconstitutional for juveniles.

20. Rights After a Conviction or Acquittal
The Fifth Amendment protects against double jeopardy.
A defendant can apply for a writ of habeas corpus to challenge his or her imprisonment.
Habeas corpus serves as an important safeguard against arbitrary or unjustified imprisonment.