1. Constitutional Rights Before a trial
Fourth Amendment protects from unreasonable searches and seizures
Need of evidence to prosecute
Search warrants
Official legal document from a judge
Must be based on probable cause
What and where to look
Prosecute means to conduct criminal proceedings in court against someone
Exceptions when a search warrant is not necessary:
pat downs
Frisk someone behaving suspiciously
when police enter a building in an emergency or when chasing a criminal suspect
generally don’t need warrants to search vehicles as long as they believe the vehicle contains contraband, they may search it
allowed to search if the person voluntarily consents to the search
Government officials can search airports and international borders
Can search an item in plain view
garbage on a street
Does a person have a “reasonable expectation of privacy”?

3. Exclusionary Rule
Rule that forbids the introduction of evidence obtained illegally into a trial
Does not necessarily prevent arrest
If the police were acting in good faith and believed they had a valid warrant, then, they may be allowed to use the evidence at trial.
“Good Faith” Exception has become more common

4. Special issues: Schools need reasonable suspicion but not a warrant
Fixed-point searches can be done without any pre-suspicion
Racial profiling is inappropriate in most cases

5. Interrogations: Standard, formal, fair questioning after an arrest
Individuals have 5th amendment protection
Individuals have the right to “counsel”
(5th is protection against self-incrimination)

6. Miranda Rights Right to remain silent
Right to the presence of an attorney (hired or appointed)
Miranda Rigths are part of 5th amendment
Right to inform suspects in custody of their rights before questioning them
If a defendant is not informed of his or her rights, any statements he or she makes cannot be used in court

7. Constitutional rights during a trial
Presumption of innocence
The defendant in a case must be considered innocent until the government proves he or she is guilty
Each element of the crime must be proven beyond a reasonable doubt

8. Right to a jury
Citizens from the community in which the trial is taking place
Chosen by attorneys for both sides
Cannot be excluded based on race, gender or national origin
Seldom used
6th amendment….provides for a trial by an impartial jury of the state and district wherein the crime shall have been committed
Defendents in felony criminal cases in all state and federal courts have a right to a jury trial
Juries are not used very often.
Many cases are settled b plea bargains before trial (pleads guilty to a lesser crime than the crime originally charged with
Many defendants waive their right to a jury trial and proceed to a bench trial before a judge (faster, less expensive, and feeling of less bias)

9. Right to an Attorney
Wherever a jail sentence may be imposed, a defendant is given an attorney (even if they can’t afford it)
6th amendment provides that in all criminal prosecutions, the accused shall enjoy the right to have counsel for his defense
1938 case ruled federal courts had to appoint if defendant was too poor; in 1963, defendeants in state courts were also given this right

10. Other Rights: Speedy and public trials in all criminal cases
Has right to confront witnesses and cross-examine
You cannot be forced to testify against yourself in a criminal trial
(6th amendment)
Also have right to get a court order requiring a witness to testify

11. Constitutional rights after a trial
Sentences
Ex Post Facto Clause
Prevents the government from punishing anyone for doing something that was not a crime when the act was committed
The punishment imposed on someone after a guilty verdict

12. Three-strikes laws
Laws that impose an automatic minimum sentence of 25 years or life imprisonment when a person is convicted of a serious offense for the third time
Made constitutional in Ewing v. California

13. States with 3 strikes laws are in red

14. Capital Punishment
Today only reserved for murder, treason, and espionage

15. History in the entire country; since colonial days

16. Otherwise, lethal injection is automatically chosen method

17. Writ of Habeas Corpus
An imprisoned person can request a court to reexamine his or her case to see if his or her imprisonment is unlawful
The prisoner can do it or someone can do it on his or her behalf
Cannot be suspended except in cases of rebellion or invasion