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The Rights of the Accused: Balancing Justice and Individual Freedoms

This chapter explores the essential rights of the accused within the American legal system as enshrined in the Constitution. It addresses key amendments, such as the Fourth Amendment's protection against unreasonable searches and seizures, the Sixth Amendment's guarantee of counsel, and the Fifth Amendment's protection against self-incrimination. Landmark cases like Gideon v. Wainwright and Miranda v. Arizona shape the legal landscape, ensuring that individual rights are upheld while also maintaining societal safety. This examination emphasizes the ongoing challenge of protecting rights in the face of crime.

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The Rights of the Accused: Balancing Justice and Individual Freedoms

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  1. Chapter 14, Section 3 THE RIGHTS OF THE ACCUSED Political Science

  2. INTRODUCTION Challenge: dealing with crime and criminals while preserving individual rights CRIME: act against law or the state Founders: built into the Constitution and Bill or Rights a system of justice to guard the rights of both the accused and society

  3. SEARCHES & SEIZURES Fourth Amendment: guarantees the rights of people to be secure in their persons, homes, papers, and effects while guarding their rights against unreasonable searches and seizures Probable cause – search warrant

  4. Special situations: Police do not need a warrant to search or arrest someone they see breaking the law Police do not need a warrant to search garbage placed outside a home for pickup Certain kinds of drug tests

  5. Exclusionary rule 1914: Court established “exclusionary rule” which states any evidence obtained illegally cannot be used in federal court Through the years, the rule has become applied to state courts – it has also been somewhat “relaxed”

  6. Fourth Amendment in Schools 1985 New Jersey v. T.L.O. Ruling: School officials do not need warrants or probably cause to search students or their property Also, extended to mandatory suspicionless drug tests

  7. SEARCH & SEIZURE (con’t) Wiretapping and Electronic Eavesdropping: Supreme Court considers such as “search and seizure” subject to Fourth Amendment consideration So, most wiretaps must have a court order

  8. GUARANTEE OF COUNSEL SIXTH AMENDMENT: guarantees a defendant have the “assistance of counsel for his defense” Gideon v. Wainwright (1963): Supreme Court ruled that whenever a jail sentence of 6 months or more is possible, accused has a right to a lawyer at public expense

  9. SELF-INCRIMINATION FIFTH AMENDMENT: no one can be compelled to be a witness against himself – protection against “self0incrimination” Also protects defendants against confessions extorted by force or violence Protects right to “remain silent”

  10. Landmark Cases ESCOBEDO v. ILLINOIS (1964): Court ruled accused rights to remain silent (5th) and right to attorney (6th) must be maintained MIRANDA v. ARIZONA (1966): Court established strict rules for protecting suspects during police interrogation

  11. DOUBLE JEOPARDY FIFTH AMENDMENT: no person shall be “twice put in jeopardy of life and limb” – “double jeopardy” However, distinction between “civil” and “criminal” – federal and state laws separate – single act may involve more than one crime

  12. CRUEL AND UNUSUAL PUNISHMENT EIGHTH AMENDMENT: forbids “cruel and unusual punishment” Court has seldom ruled regarding this However, controversy over capital punishment (death penalty) has arisen

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