Rights of Persons Accused of Crimes

1. Rights of Persons Accused of Crimes Goals: To understand our rights as citizens To understand how the courts uphold our rights

2. The Writ of Habeas Corpus • A court order for an explanation to a judge as to why the prisoner is being held • The Jailer must show cause for holding the prisoner • If the detention is unlawful, the judge may order the person’s immediate release

3. The Writ of Habeas Corpus • Prisoners can abuse the writ, delaying execution for years by raising objection after objection (but wouldn’t you?) • Because of this alleged abuse, the Supreme Court has severely limited the use of habeas corpus by judges • Article I, Section 9 provides that Congress can suspend Habeus Corpus only during times of rebellion or invasion (Civil War)

4. Ex Parte Milligan (1866) • During the Civil War, Lincoln suspended the writ of habeas corpus • After the war, however, the Supreme Court ruled that Lincoln lacked the authority to do so • Lambden P. Milligan was in prison and sentenced to death by a military commission in Indiana for disloyalty

5. Ex Parte Milligan (1866) • Milligan claimed he didn’t get a fair trial, questioned the authority of the military court, and sought release through the writ of habeas corpus • The Court held that the presidential powers to suspend the writ of habeas corpus didn’t apply here • Trials of civilians by presidentially created military commissions are unconstitutional • No President since Lincoln has suspended the writ of habeas corpus

6. Ex Post Facto Laws • These are laws passed after an act has already been committed • Let’s say you painted yourself up for a basketball game, but a lot of the townspeople didn’t like it, so they go up to city hall and convince the city to make a ordinance that prohibits body paint at any high school game • If the police come to arrest you for painting your body up for last Friday’s game versus Roxana, they are being unconstitutional

7. Ex Post Facto Laws • They can’t arrest you for something you did that was legal at the time you did it • Unless you paint your body for the next game, you can’t be arrested

8. Bill of Attainder • This law declares a person or group guilty of a crime without a court trial • Bills of attainder are forbidden by the Constitution • It is the job of courts, not Congress, to decide that a person is guilty of a crime and then impose a punishment • This would be a violation of the separation of powers

9. The 4th Amendment and Limits of Investigation • People have the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…and no warrants shall issue, but upon probable cause…describing the pace to be searched, and the persons or things to be seized.”

10. The 4th Amendment and Limits of Investigation • Searches are considered reasonable under two circumstances • THE POLICE HAVE A SEARCH WARRANT • A search warrant is an order from a judge allowing a search • A judge can only issue it if there is probable cause • Of course, the police can search if the occupant gives permission

11. The 4th Amendment and Limits of Investigation • THE INDIVIDUAL HAS BEEN LAWFULLY ARRESTED • Lawful arrests include those in which a judge issued an arrest warrant, a crime’s been committed in the presence of a police officer, or if an officer has probable cause to believe that an individual has committed a serious crime

12. Exceptions to the Warrant Requirement • The Automobile Exception • Police don’t need a warrant to search automobiles because they move and are not as private as homes • The Terry Exception • A Terry search is a quick pat down for weapons and contraband, to determine identity, or allow time to question the suspect • If evidence is found, the officer may conduct a full search

13. Exceptions to the Warrant Requirement • Searches Following Arrests • Police may make a full search of all persons involved with the arrest, the areas around the arrest, and all the possessions that the suspects have at the time of their arrest • This is not an excuse for a general rummaging in order to discover incriminating evidence • Searches for Evidence • When probable cause allows an arrest, even if it hasn’t been made yet, the police may conduct limited searches if necessary to preserve evidence

14. Exceptions to the Warrant Requirement • Border Searches • People and their possessions may be searched when they cross a border of the US (also includes mail, if there is probable cause) • Plain-View Exception • Evidence in plain view of the officer may be seized with-out a warrant • Officer must be in a legal position to see the evidence

15. Exceptions to the Warrant Requirement • Exigent Circumstances • In urgent or critical situations, exceptions may be made to the requirement to have a warrant • If evidence is about to be destroyed because a house is burning (meth labs) or if a criminal is about to escape capture, an officer does not have adequate time to get a warrant