Rights of the Accused: Exclusionary Rule, Counsel, Self-Incrimination, Double Jeopardy

1. The Rights of the Accused • Key Terms • exclusionary rule, counsel, self-incrimination, double jeopardy • Find Out • • What constitutes unreasonable searches and seizures by the police? • • In the 1960s, how did the Supreme Court rule on the right to counsel and self-incrimination cases? Section 3 Introduction-1

2. The Rights of the Accused • Understanding Concepts • Civil Rights How have Supreme Court rulings both expanded and refined the rights of the accused as described in the Constitution? • Section Objective • Summarize the rights of Americans accused of crimes. Section 3 Introduction-2

3. Prior to the Court ruling on Mapp v. Ohio, which banned the use of illegally obtained evidence at criminal trials in state courts, the exclusionary rule had applied only to federal courts. Section 3-1

4. I. Searches and Seizures (pages 398–401) • A. The Constitution and the Bill of Rights protect the rights of accused persons. • B. The Fourth Amendment offers protection from unreasonable searches and seizures, but the courts have dealt with this issue on a case-by-case basis. • C. Today most police searches are conducted with a court warrant. Section 3-2

5. I. Searches and Seizures (pages 398–401) • D. The 1914 exclusionary rule restricts the use of illegally obtained evidence. • E. Supreme Court rulings in 1985 and 1987 limited the warrant requirement for legally stopped cars and for students and their property in school. • F. In 1967 the Supreme Court reversed an earlier ruling permitting wiretapping. In 1968 Congress passed a statute requiring a court order before using wiretapping to obtain evidence. Section 3-3

6. I. Searches and Seizures (pages 398–401) Critics of the exclusionary rule argue that it weakens the power of courts to protect citizens from violent criminals. Do you agree? Explain. Answers will vary. See discussion of exclusionary rule on text pages 399–400. Section 3-4

7. II. Guarantee of Counsel (pages 401–402) • A. The Sixth Amendment guarantees a defendant the right to an attorney. • B. In federal cases, courts generally provide an attorney for defendants who cannot afford one. • C. State courts must also provide attorneys for defendants. Section 3-5

8. II. Guarantee of Counsel (pages 401–402) Why is it significant that the Court ruled that criminal defendants have a right to a lawyer? Many prisoners who had been convicted without counsel were set free. Section 3-6

9. III. Self-Incrimination (pages 402–404) • A. The Fifth Amendment protects witnesses before grand juries and congressional investigating committees. • B. The Fifth Amendment also protects defendants against forced confessions. • C. The Escobedo (1964) and Miranda (1966) decisions expanded the protections of persons arrested as suspects in a criminal case. Section 3-7

10. III. Self-Incrimination (pages 402–404) Why should persons accused of crimes be informed of their rights when they are arrested? To protect the accused from self-incrimination. Section 3-8

11. IV. Double Jeopardy (pages 404–405) • A. The Fifth Amendment protects accused persons from double jeopardy, or being tried twice for the same crime; a person may be tried more than once for the same act, however, when a crime violates both a federal and a state law. • B. It is not double jeopardy if a single act involves more than one crime; a defendant may be tried for each offense. In case of a hung jury, a second trial is not double jeopardy. Section 3-9

12. IV. Double Jeopardy (pages 404–405) How does the Fifth Amendment protect persons accused of crimes from double jeopardy? It prohibits retrying accused persons. Section 3-10

13. V. Cruel and Unusual Punishment (page 405) • A. The Eighth Amendment forbids cruel and unusual punishment. • B. Use of the death penalty is an ongoing controversy under this amendment. Section 3-11

14. V. Cruel and Unusual Punishment (page 405) Section 3-12

15. V. Cruel and Unusual Punishment (page 405) Do courts consider the death penalty cruel and unusual punishment? Not in most cases. Section 3-13

16. Checking for Understanding • 1. Main Idea Use a graphic organizer like the one below to analyze the significance of the Gideon, Escobedo, and Miranda cases. • Gideon: guaranteed the right to counsel; Escobedo: limited self-incrimination; Miranda: expanded protection of the accused Section 3 Assessment-1

17. Checking for Understanding • A. an attorney • B. testifying against oneself • C. retrial of a person who was acquitted of the same crime in a previous trial • D. a law stating that any illegally obtained evidence cannot be used in a federal court Match the term with the correct definition. • ___ exclusionary rule • ___ counsel • ___ self-incrimination • ___ double jeopardy • D • A • B • C Section 3 Assessment-2

18. Checking for Understanding • 3. Identify Fourth Amendment, Sixth Amendment, Fifth Amendment, Eighth Amendment. • The Fourth Amendment guarantees “the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” • The Sixth Amendment guarantees a defendant the right “to have the assistance of counsel for his defense.” • The Fifth Amendment says that no one “shall be compelled in any criminal case to be a witness against himself.” • The Eighth Amendment forbids “cruel and unusual punishments” and is the only constitutional provision specifically limiting penalties in criminal cases. Section 3 Assessment-3

19. Checking for Understanding • 4. What procedure must police follow in making a lawful search? • Police must state under oath that they have probable cause to search, and then they must obtain a warrant. Special warrantless situations also exist. Section 3 Assessment-4

20. Critical Thinking • 5. Identifying Alternatives What decisions does the accused person have to make at the time he or she hears the Miranda rules? • An accused person has to decide whether to say anything or remain silent. If the accused decides to talk, he or she must decide whether or not to ask for an attorney to be present. Section 3 Assessment-5

21. Civil Rights Would you be willing to undergo routine random drug testing or locker searches in your school? Note that the Fourth Amendment right to privacy is at issue here. Create a slogan explaining your position and use it to create a one-page advertisement promoting your position. Section 3 Concepts in Action