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RIGHTS OF THE ACCUSED

Section 3. RIGHTS OF THE ACCUSED. Prevents illegal arrests & unlawful imprisonment. Can’t be suspended EXCEPT: rebellion & public safety (Happened once WWII). Writ of Habeas Corpus. Congress or states can’t pass such measures

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RIGHTS OF THE ACCUSED

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  1. Section 3 RIGHTS OF THE ACCUSED

  2. Prevents illegal arrests & unlawful imprisonment. Can’t be suspended EXCEPT: rebellion & public safety (Happened once WWII) Writ of Habeas Corpus

  3. Congress or states can’t pass such measures A legislative act that singles out an individual or group for punishment without a trial. They cannot determine guilt. banned today Bill of Attainder

  4. You can’t be convicted of a crime today for something that wasn’t a crime yesterday. Ex Post Facto Laws

  5. Ex: law passed today regarding selling drugs can’t be applied to one who sold it before law passed. However, retroactive civil laws are not forbidden. Ex: a law raising income tax rates could be passed in November and applied to income earned through the whole year.

  6. 16- 23 people Grand Jury hands down Indictment Charges the accused with one or more crimes. Not held in public Only the prosecution is present Grand Jury (5th Amendment)

  7. a charge of a felony (serious crime) voted by a grand jury based upon a proposed charge, witnesses' testimony and other evidence presented by the public prosecutor (District Attorney). To bring an indictment the grand jury will not find guilt, but only the probability that a crime was committed, that the accused person did it, and that he/she should be tried. Indictment

  8. If indicted-accused held for prosecution If no indictment- charges dropped.

  9. Once a person has been tried for a crime he/she cannot be tried again for same crime. If hung jury no jeopardy Double Jeopardy (5)

  10. A person can also violate a state and federal law in a single act. • Selling narcotics • 2 separate trials- 1 state and 1 federal • Not double jeopardy

  11. A jury that is unable to reach a verdict which, if it persists, usually results in a mistrial being declared by the court. In such a situation the case may be retried, generally at the discretion of the prosecution if criminal. In such a situation a retrial does not constitute double jeopardy. Hung Jury

  12. From time of arrest to trial can’t be more than 100 days. Exceptions-such as mental tests, key witness ill Tried in public within reason Speedy Trial & Public Trial (6th)

  13. Trial by Jury (6) • Accused tried by an impartial jury • Defendant may waive right to a jury trial- bench trial

  14. informed of the nature & cause of accusation confronted w/ witnesses against him & question them in open court. Right to an Adequate Defense (6)

  15. Obtain witnesses in accused favor. Assistance of counsel for his defense. Intended to prevent cards from being stacked in favor of prosecution.

  16. Pleading the 5th. • Defendant does not have to prove innocence. • A person can’t be forced to confess. Self- Incrimination (5)

  17. Before police can question suspects, those persons must be read their rights. This comes from S.C. ruling Miranda vs. Arizona. http://www.youtube.com/watch?v=CGOyzAaD_MI Miranda Rule

  18. “ You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you? ”

  19. “puts criminals back on streets” Texas v. Cobb, 2001 Protects citizen’s rights Two sides of Miranda

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