Defendants rights
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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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Defendants’ Rights

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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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