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Bell Ringer

Bell Ringer. Define the following terms in your notebook Probable Cause Search Warrant Exclusionary Rule Plea Bargaining Right to Privacy. More on the Civil Liberties of Americans. Rights of the Accused. Constitutionally.

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Bell Ringer

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  1. Bell Ringer • Define the following terms in your notebook • Probable Cause • Search Warrant • Exclusionary Rule • Plea Bargaining • Right to Privacy

  2. More on the Civil Liberties of Americans Rights of the Accused

  3. Constitutionally • The 5th, 6th, 7th and 8th Amendments to the US Constitution deal with the rights of US citizens when they are accused of a crime (Later the 14th Amendment will make them equitable for everyone). • Turn to page118 in the textbook. • This table shows the Due Process of Law as well as how the Constitution applies to each aspect of the process

  4. Incorporation of Defendant’s Rights • What does a “speedy trial” mean? • What does “cruel and unusual punishment” mean? • Can a punishment be one or the other? • Why would the Founding Father’s use such vague language? • The wording of the Bill of Rights is intentionally vague – and thus the Supreme Court has incorporated them into State laws

  5. Before being arrested… • Police have to have probable cause to arrest and/or search someone guilty of a crime. • What is Probable Cause? • Usually in the form of physical, tangible evidence • Do the police have to have a warrant to search someone or something? • No • The 4th Amendment says that the court can’t issue a warrant unless there is probable cause • Fourth Amendment only restricts judges from issuing warrants “willy-nilly” • So what happens if evidence is obtained unlawfully?

  6. Exclusionary Rule • Courts established the exclusionary rule in 1914. • What is the exclusionary rule? • It was unincorporated until 1961 • Mapp v. Ohio, 1961 Incorporated the exclusionary rule to the states • Court also reversed Mapps’ conviction (unlike Gideon where the case was remanded) • What are some pros of the exclusionary rule? • What might some cons be of the rule?

  7. Self-Incrimination • What does this term mean? • It means that you do not have to “witness against” yourself. • It doesn’t say that you can’t – but you cannot be forced • Miranda v. Arizona, 1966 • Established the Miranda Rights • Does anyone not know what these are? • Turn on a television and watch Law and Order • Eliminates coerced confessions • So if you are coerced, or forced to confess, does your case get dismissed? • NO!!!

  8. Right to Counsel • Brief timeline • Powell v. Alabama, 1932 – SC said that any poor person accused of a capital crime can have a state appointed attorney • Gideon v. Wainwright, 1963 – SC said anyone accused of a felony can have a state appointed attorney • Argersinger v. Hamlin, 1972 – said that anytime imprisonment is a possibility, citizens have the right to counsel. • What then, would be an example of a time when you do not get counsel?

  9. Going to Trial • What process keeps a lot of cases from going to trial? • Plea Bargaining • Is Plea Bargaining a good thing or a bad thing? • What are some potential negative consequences? • What are some potential positive consequences? • Settles about 90% of cases in America • Process is described on page 122-123 in textbook • We still have more than 300,000 cases that go to some level of court each year!!!!

  10. Trial By Jury • 6th Amendment Right • Jury Selection – not left to chance for those that can afford it – hire jury consultants • How does the Constitution define “jury”? • It doesn’t – but a jury typically consists of 12 people and each state determines what percentage is required for a guilty verdict

  11. Cruel and Unusual Punishment • Prohibited by the 8th Amendment • Is this specific language? • What do you consider Cruel? • What about Unusual? • This some of the vaguest language in the Const. • Is the death penalty either cruel or unusual? • Furman v. Georgia, 1972 – SC said that the death penalty is not unconstitutional • Gregg v. Georgia, 1976 – upheld Furman decision • McClesky v. Kemp, 1987

  12. Right to Privacy • Term is not in the Constitution, but the Supreme Court said that it is Constitutionally protected • Griswold v. Connecticut, 1965 – Birth Control • Roe v. Wade, 1973 – Abortion

  13. Assignment • In your notebook, • Write a 1 page (3-4 paragraph) “essay” either supporting or attacking the right to privacy. You can use the previously discussed cases for support, but this is not a pro-life/pro-choice paper. • 1 page written = ½ page typed, single spaced

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