1. Defendants’ Rights
Edgenuity Lessons 3.4 and 3.5

2. Your Rights: Due Process
Edgenuity 3.4

3. The 4th Amendment
Summarize this for your vocab:

4. The 4th Amendment
Search and seizure must be reasonable, which means that it
Must be based on probable cause
Must include a warrant (piece of paper from courts giving officers permission to search)

5. Mapp v. Ohio (1961) Facts of the case:
Officers illegally searched Dollree Mapp’s home
Entered based on eyewitness tips
Discovered illegal materials in the home
Mapp was convicted of a crime
She argued her 4th Amendment rights had been violated

6. Mapp v. Ohio (1961) The Decision The Impact
Supreme Court ruled in Mapp’s favor
Officers executed a search illegally
She could not be convicted based on evidence they gathered
The Impact
Created the exclusionary rule
Evidence obtained in an illegal search cannot be used in court
Evidence obtained in a legal search (with a warrant) can be used

7. Limits to search and seizure
You don’t need to know these for the test, but they may be on the Edgenuity quiz:
Terry v. Ohio 1967
Law enforcement can carry out a stop and frisk
Horton v. California 1990
Law enforcement does not need a warrant to gather evidence that is in plain view

8. The 5th Amendment
Summarize this for your vocab:

9. Elements of the 5th Amendment
Due process
All people accused of a crime are subject to the same treatment and rules
Protects citizens against self- incrimination
A citizen cannot be forced to confess to a crime or speak out against yourself
Grand jury
No citizen can be tried for a capital (serious) crime without first being indicted
This means a jury hears the evidence against you and decides whether or not to file criminal charges
Double jeopardy
No citizen can be tried twice for the same crime
Just compensation
No citizen’s property can be taken by the government without fair payment

10. Miranda v. Arizona (1966) Facts of the case:
Ernesto Miranda confessed to multiple crimes
Police did not remind Miranda of his right to avoid self-incrimination
Miranda was convicted and sentenced to prison
He appealed his case by arguing that his 5th Amendment rights were violated

11. Miranda v. Arizona (1966) The Decision The Impact
Supreme Court ruled that Miranda was denied his rights
He had not been instructed that he had the right to avoid self-incrimination
The Impact
People suspected of a crime cannot be pressured into confessing
Officers must inform citizens of their rights prior to questioning them while in custody
Called Miranda rights

12. Limits to protection against self-incrimination
You don’t need to know these for the test, but they may be on the quiz:
New York v. Quarles 1983
Officers do not need to read Miranda rights if public safety is immediately at risk
Duckworth v. Eagan 1988
Law enforcement can create its own Miranda warning if it communicates the same message

13. Your Rights: Trials & Punishments
Edgenuity 3.5

14. The 6th Amendment
Summarize this for your vocab:

15. Elements of the 6th Amendment
Speedy and public trial
All citizens are guaranteed this
An accused person may only have a temporary stay in jail before seeing a judge
A jury hears evidence and offers a verdict
The accused faces trial in the state/area where the crime took place

16. Elements of the 6th Amendment
Informed and confronted
An accused person has the right to:
Hear what he or she is being accused of
See evidence being used against him or her
Force a witness to appear in court (subpoena)

17. Elements of the 6th Amendment
Right to counsel
All people have the right to be represented by counsel
An attorney is assigned to the case if the accused person cannot afford one
The accused is allowed the option to represent himself or herself

18. Gideon v. Wainwright 1963 Facts of the case:
Clarence Gideon was denied counsel during his burglary trial
Was forced to represent himself
Lost his case, but appealed by arguing he deserved counsel

19. Gideon v. Wainwright 1963 The Decision The Impact
Courts ruled that Gideon’s 6th Amendment rights had been violated
Did not receive counsel
Did not have the opportunity to represent himself appropriately
The Impact
The guarantee of counsel is essential to a fair trial
States must provide a lawyer for defendants in criminal cases

20. The 8th Amendment
Summarize this for your vocab:

21. Elements of the 8th Amendment
Bail and fines
Must fit the crime
The accused may be allowed to pay bail and be released from custody while awaiting trial
Fines can be charged when a person breaks the law
Cruel and unusual punishment
The Constitution prohibits cruel and unusual punishment
The punishment must fit the crime

22. Furman v. Georgia 1972
You don’t need to know this one for the test, but it may be on the quiz:
Facts of the case:
William Furman was sentenced to death for a murder
He accidentally shot and killed a homeowner during a robbery
He argued his sentence was cruel and unusual

23. Furman v. Georgia 1972 The Decision The Impact
Supreme Court ruled in Furman’s favor
The punishment may have been based in discrimination
Georgia had unclear standards for when capital punishment should be applied
The Impact
States were required to create clear standards to be applied fairly before capital punishment could occur
Standard definitions of crimes
Standard punishments