Winning until proven guilty
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Winning, until proven guilty …. Rights of the Accused. Searches and Seizures . The Fourth Amendment protects from unreasonable searches and seizures Searches must be conducted with a court warrant – probable cause Exclusionary rule restricts the use of illegally obtained evidence.

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Winning until proven guilty

Winning, until proven guilty …

Rights of the Accused


Searches and seizures

Searches and Seizures

  • The Fourth Amendment protects from unreasonable searches and seizures

  • Searches must be conducted with a court warrant – probable cause

  • Exclusionary rule restricts the use of illegally obtained evidence.


Searches and seizures1

Searches and Seizures

  • Good Faith Exception (Leon): Police have reason to believe their actions were legal

  • Plain view doctrine:

    • the officer to be lawfully present at the place where the evidence can be plainly viewed

    • the officer to have a lawful right of access to the object

    • the incriminating character of the object to be “immediately apparent.

  • Supreme Court rulings limited the warrant requirement for legally stopped cars and for students and their property in school.

  • Recent rulings clarified “knock and announce” rule and duel occupancy searches


Self incrimination

Self-incrimination

  • The Fifth Amendment protects:

    • witnesses before grand juries and congressional committees.

    • defendants against forced confessions.

  • The Escobedo (1964) and Miranda (1966) decisions expanded the protections of persons arrested as suspects in a criminal case.

  • Public Safety Exception (Quarles): existence of exigent circumstances that require protection of public safety


Guarantee of counsel

Guarantee of Counsel

  • The Sixth Amendment guarantees a defendant the right to an attorney.

  • In federal cases, courts generally provide an attorney for defendants who cannot afford one.

  • 14th Amendment requires state courts also provide attorneys for defendants.


Double jeopardy

Double Jeopardy

  • The Fifth Amendment protects accused persons from double jeopardy, or being tried twice for the same crime

    • person may be tried more than once for the same act when a crime violates both a federal and a state law.

  • It is not double jeopardy if a single act involves more than one crime

    • defendant may be tried for each offense

    • In the case of a hung jury, a second trial is not double jeopardy.


Cruel and unusual punishment

Cruel and Unusual Punishment

  • The Eighth Amendment forbids cruel and unusual punishment.

  • Capital Punishment most often challenged under 8th amendment

    • Briefly banned in 1970s, later affirmed as constitutional

  • Administration of the death penalty is an ongoing controversy under this amendment

    • lethal injection, minors, mentally ill


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