1. Rights of the Accused
Amendments 4, 5, 6, 8

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Defendants’ Rights
Much of the Bill of Rights (Amendments 4, 5, 6, and 8) apply to defendants’ rights.
Interpreting Defendants’ Rights
Criminal Justice personnel are limited by the Bill of Rights and failure to follow constitutional protections may invalidate a conviction.
Courts continually rule on what is constitutional and what is not.
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4th Amendment
Searches and Seizures
Probable Cause:
when the police have reason to believe that a person should be arrested
Exclusionary Rule:
the rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained
Mapp v. Ohio (1961)
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The Right to Privacy
Is There a Right to Privacy?
Not explicitly stated in the Constitution, but implied by the Fourth Amendment
Griswold v. Connecticut (1965)
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5. 4th Amendment Scenarios
An officer observes a suspect commit a crime inside his apartment while the officer is conducting a surveillance operation. If the curtains are closed during the observation, but the officer was able to see the act because of special optical aids, would the officer’s observations be admissible in court?
The police arrive to search an apartment and find no one at home. They tell the landlord to let them into the apartment. Is this search legal?

6. 4th Amendment Scenarios
Officers noticed the odor of freshly cut marijuana coming from the trunk of a vehicle. Can the officers search the trunk without a warrant?
A suspect “cops an attitude” with a police officer. The officer places handcuffs on the suspect and conducts a pat-down search. Is this search legal?

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5 Amendment
5 protections in the 5th Amendment
you have to be indicted before you stand trial
double jeopardy
once a person is tried and a verdict is issued, you cannot be tried again for the same crime
self-incrimination
when an individual accused of a crime is compelled to be a witness against himself or herself in court
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5 Amendment – Property
Due Process
You cannot be denied your life, liberty, or property without a trial
Eminent Domain
Private property cannot be taken for public use without just compensation
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6th Amendment
4 protections
a “speedy and public” trial by jury
informed of the charges against you
confront witnesses against you
The Right to Counsel
The state must provide lawyers in most criminal cases (Sixth Amendment).
Gideon v. Wainwright (1963)
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Miranda vs. Arizona (1966)
Police must inform suspects of their 5th and 6th Amendment protections upon arrest.
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.
Protection from coerced confessions
DON’T HAVE TO COPY
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8th Amendment
Cruel and Unusual Punishment
The Eighth Amendment forbids cruel and unusual punishment.
The death penalty is not cruel and unusual. It is “an extreme sanction, suitable to the most extreme crimes.”
Gregg v. Georgia (1976)
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