civil liberties - mr. farshteymrfarshtey.net/gov_classes/20_sec3.pdf · rights of the accused ......
TRANSCRIPT
Civil LibertiesCivil Liberties
Chapter 20Chapter 20Section 3Section 3
VocabularyVocabulary
Writ of habeas corpus – a court order making the government allow the accused a hearing and an explanation for their detainment
Bill of Attainder – laws that affect only 1 individual or group
VocabularyVocabulary
Ex post facto – laws passed after the fact
Grand jury – a formal group selected to look at evidence to see if charges warrant being filed
Double Jeopardy – no one can be tried for the same crime twice
VocabularyVocabulary
Bench trial – only a judge hears a case
“It is better that ten people go free than that one innocent person be punished”
Rights of the AccusedRights of the Accused
People accused of a crime are afforded certain rights
Judges have suspended the writ of habeas corpus during times of war, such as after Pearl Harbor
It was found to be unconstitutional
Lincoln also did it - legally
Rights of the AccusedRights of the Accused
Federal, state, or local governments may not enforce ex post facto laws
EX – if a person does something today that is legal, if a law forbidding it passes tomorrow, the person cannot be prosecuted for doing the act
Rights of the AccusedRights of the Accused
People are chosen to be on a grand jury for 1 year.
They meet, usually once a month, to look at evidence to be sure that the evidence found is enough to warrant a criminal trial
All sessions are secret and only the prosecutors are present
Rights of the AccusedRights of the Accused
People cannot stand trial twice for the same crime.
They can stand trial for the same type of crime
They can stand trial in federal and state courts for the same crime
They can face civil and criminal courts for the same crime
Rights of the AccusedRights of the Accused
Accused people have the right to s speedy trial – 100 days from the time of arraignment to trial
Tom Delay was arrested in October and is expecting to go to trial in December by his request
Rights of the AccusedRights of the Accused
OJ Simpson asked for a speedy trial hoping the prosecution would not be ready to try him – they were not
Rights of the AccusedRights of the Accused
The 6th Amendment guarantees a public trial
Judges can limit the number of spectators and decide if the case is televised
This is important in rape and child molestation cases
Rights of the AccusedRights of the Accused
The 6th Amendment guarantees that the accused be tried in front of an “impartial” jury
This clause allows attorney to question potential jury members to test for bias
The accused can ask for a bench trial
Rights of the AccusedRights of the Accused
The 6th Amendment guarantees that the accused be represented by an attorney
Gideon v. Wainwright – FL would not appoint a free attorney for a non-capital case.
It was overturned by the USSC and Gideon received a new trial
Rights of the AccusedRights of the Accused
Escobedo v IL – Escobedo was denied the right to see his attorney after asking numerous times
His case was thrown out and he was released from prison
Rights of the AccusedRights of the Accused
The 5th Amendment guarantees the right of the accused not to incriminate himself
The prosecution must prove the case against the accused
The accused does not have to testify in court or answer questions
Rights of the AccusedRights of the Accused
Miranda Warnings are routinely given to all accused
TX v. Cobb – Cobb confessed to murder without his attorney. His conviction was upheld because he did not ask for help from his attorney before he confessed