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Defendants’ Rights. Criminal Justice personnel are limited by the Bill of Rights Failure to follow rules can invalidate a conviction Searches and Seizures: Probable Cause To arrest or obtain a warrant, an officer must have reasonable suspicion of a crime. Exclusionary Rule

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Presentation Transcript
defendants rights
Defendants’ Rights
  • Criminal Justice personnel are limited by the Bill of Rights
    • Failure to follow rules can invalidate a conviction
  • Searches and Seizures:
    • Probable Cause
      • To arrest or obtain a warrant, an officer must have reasonable suspicion of a crime.
    • Exclusionary Rule
      • Evidence, no matter how incriminating, cannot be introduced at trial if it was improperly obtained.
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Defendants’ Rights
  • Basic Rights during investigation
    • Arrest
      • Probable Cause
    • Search Automobile
      • Probable Cause or “plain sight”
    • Search home/office/etc.
      • Warrant obtained from a judge
    • Drug Testing
      • No warrant or probable cause
    • Wiretapping
      • Warrant from a judge
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Defendants’ Rights
  • Basic Rights during a trial
    • To be informed of the accusation against you
    • To call witnesses to testify on your behalf
    • To be confronted by the witnesses testifying against you
    • To have a lawyer (unless you waive your right)
    • To have a jury (unless you waive your right)
    • To have a “speedy trial”
      • Preliminary trial held within 100 days of arrest
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Defendants’ Rights
  • Self-Incrimination
    • A person accused of a crime is not legally required to be a witness against him/herself in court.
    • Miranda rights (during interrogation)
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Defendants’ Rights
  • The Million Dollar Question
    • How can we maximize freedom to express ourselves…
    • And uphold rights of people who oppose each other…
    • While still maintaining peace and order?
  • The courts continue to refine the answer to this complicated question.
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