1. Chapter 4 The Supreme Court and the Constitution
Section 3
Rights of the Accused

2. Presumption of Innocence
Why is this the way we approach an accused individual?
1. The accuser/government has all the advantages
2. Burden of Proof
This is the government’s job
Reasonable Doubt

3. Presumption of Innocence
What is a negative/problem with presumption of innocence?
1. Guilty people go free
2. Guilty people may plea bargain
Plead guilty to a lesser charge

4. Due Process
14th Amendment – allowed due process for all people – federal law and state law
2 Types
Procedural – government follows the rules by which it has agreed to treat the accused
Substantive – the laws themselves are fair and constitutional

5. Due Process cont. Probable Cause Miranda Grand Jury
A valid reason
Miranda
Remain silent and have an attorney
Grand Jury
Is there enough evidence?
Informed of the charge
Speedy and public trial by jury

6. Due Process cont.
Prosecution must prove to a jury that the accused is guilty beyond a reasonable doubt
Accused does not have to answer questions
Accused can question the accusers
Accused can have testimony on their behalf
Double Jeopardy
Appeal

7. Supreme Court Decisions
Expanded Rights of the Accused
Mapp v. Ohio
Evidence gotten illegally can not be used against an accused person
Gideon v. Wainwright
Florida man put in jail after he had to defend himself in court
If you can’t afford an attorney?

8. Supreme Court Decisions cont.
Miranda v. Arizona
Informed of your rights upon arrest
Should lawbreakers have this many rights? or
Should society’s right to protection from these criminals be of greater importance?

9. Section 4 Civil Rights Constitutional Terms Civil Rights
Constitutional rights guaranteed to all citizens
Discrimination
Policy or attitude that denies equal rights and treatment to a certain group of people
Segregate
To separate people based on race, ethnic background or class
Jim Crow Laws
Legislation trying to segregate people based on race

10. Dred Scott v. Sandford Dred Scot Black slave
Lived with his master in Missouri (a slave state)
They lived in a free state (Illinois) and a free territory (Minnesota)
On return to Missouri Dred Scot sued for his freedom
Supreme Court ruled that he was property and could not sue for his freedom

11. Plessy v. Ferguson
Late 1800’s people in the north and south denied civil rights to black Americans
The south used Jim Crow Laws – legislation to segregate
“Separate but Equal” facilities was not a denial of civil rights
Homer Plessy – What happened?

12. Brown v. Board of Education of Topeka
8 year old Linda Brown sued the Topeka Board of Education
She had to travel to an all black school when a “white” school was close to her home
The Court reversed it’s ruling in Plessy v. Ferguson
The court said that “separate educational facilities are inherently unequal”
separate but equal “has no place in public education”

13. Brown v. Board of Education cont.
The Court ordered states to integrate their schools “with all deliberate speed.”
This case was the beginning of the modern day civil right’s movement (1954)

14. Other Minorities & Civil Rights
Other Americans - Chinese, Japanese, Native, Latinos, Women, Jews
All of these groups have experienced prejudice and discrimination throughout history
Some Examples
Korematsu v. United States
Pearl Harbor attack
Relocation camps
What did the Supreme Court rule?

15. Cleveland Board of Education v. LaFleur
Women
Maternity leave
Supreme Court ruled in favor of LaFleur
Cleveland School Board rules regarding maternity leave were unconstitutional under the 14th Amendment