Rights+of+the+Accused

Rights of the Accused "//better that ten guilty persons escape, than that one innocent suffer"// Sir William Blackstone

What do you think this quote means? Do you agree with this quote? Why of Why not?

Bill's Bad Day Please read the following scenario and answer the accompanying questions.



Due Process of Law
Due Process Video

__**Due Process-**__ The conduct of legal proceedings according to established rules and principles for the protection and enforcement of individual rights, including notice and the right to a fair hearing.

__**Procedural Due Process-**__ The minimal requirements of notice and a fair hearing guaranteed by the due process clause of the 5th and 14th Amendments, especially if the deprivation of a significant life, liberty, or property interest may occur.

__**Substantive Due Process**__ The doctrine that the Due Process Clauses of the 5th and 14th Amendments require legislation to be fair and reasonable in content and to further a legitimate governmental objective.

As mentioned above the concept of Due Process is established in the American system in the 5th and 14th Amendments to the united States Constitution.

> No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
 * __ 5th Amendment __**


 * __ 14th Amendment __**

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Other Amendments relating to the Rights of the Accused/Due Process

 * __ 4th Amendment __**

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


 * __ 6th Amendment __**

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense



Miranda v. Arizona
Miranda v. Arizona Video

Ernesto Miranda was a poor Mexican immigrant living in Phoenix, Arizona, in 1963. Miranda was arrested after a crime victim identified him in a police lineup. Miranda was charged with rape and kidnapping and interrogated for two hours while in police custody. The police officers questioning him did not inform him of his Fifth Amendment right against self-incrimination, or of his Sixth Amendment right to the assistance of an attorney. As a result of the interrogation, he confessed in writing to the crimes with which he was charged. His written statement also included an acknowledgement that he was aware of his right against self-incrimination. During his trial, the prosecution used his confession to obtain a conviction, and he was sentenced to 20 to 30 years in prison on each count. Miranda's defense attorney appealed to the Arizona Supreme Court. His attorney argued that his confession should have been excluded from trial because he had not been informed of his rights, nor had an attorney been present during his interrogation. The police officers involved admitted that they had not given Miranda any explanation of his rights. They argued, however, that because Miranda had been convicted of a crime in the past, he must have been aware of his rights. The Arizona Supreme Court denied his appeal and upheld his conviction. The case comes down to this fundamental question: What is the role of the police in protecting the rights of the accused, as guaranteed by the Fifth and Sixth Amendments to the Constitution? The Fifth Amendment states that no person "shall be compelled in any criminal case to be a witness against himself. . . ." The Sixth Amendment states that, "In all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his defense." The Supreme Court of the United States had made previous attempts to deal with these issues. In //Brown// v. //Mississippi// (1936), the Court had ruled that the Fifth Amendment protected individuals from being forced to confess. In //Gideon// v. //Wainwright// (1963), the Court held that persons accused of felonies have a fundamental right to an attorney, even if they cannot afford one. In 1964, after Miranda's arrest, the Court ruled that when an accused person is denied the right to consult with his attorney, his or her Sixth Amendment right to counsel is violated (//Escobedo// v. //Illinois//). But do the police have an obligation to ensure that the accused person is aware of these rights? If so, at what point in the criminal justice process must the defendant learn of these rights? In 1965, the Supreme Court of the United States agreed to hear Miranda's case. At the same time, the Court agreed to hear three similar cases, //Vignera// v. //New York//, //Westover// v. //United States//, and //California// v. //Stewart//. The Court combined the four cases. Since Miranda was listed first among the four cases considered by the Court, the decision came to be known by that name. The decision in //Miranda// v. //Arizona// was handed down in 1966.
 * Background Summary and Questions **• ••


 * Questions to Consider: **
 * 1) What rights of the accused does the Fifth Amendment protect? The Sixth Amendment?
 * 2) How might knowledge of these rights have changed what Ernesto Miranda did when the police questioned him?
 * 3) Individual rights must be balanced against the values of society at large. For instance, the right to free speech must be balanced against our desire for an orderly society. This is why demonstrations, while protected by the First Amendment, can have certain restrictions placed on them. In Miranda, what values must be balanced against the right against self-incrimination and the right to counsel?
 * 4) You are probably learning about the rights of the accused in a government or history class. Some would argue that it is the individual's responsibility to know what his or her rights are under the Constitution, and the government can assume that accused persons know their rights without informing them. Do you think the government should have to inform each individual who is arrested of his or her rights? Why or why not?
 * //Miranda //**** Warnings and the Bill of Rights **

<span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">You may be familiar with the "//Miranda// Warnings" from television and the movies. But what do they really mean? What rights from the Bill of Rights are they designed to protect? <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">For this activity, you will work in small groups. Each group will need a copy of the //Miranda// Warnings (see below) and a copy of the Bill of Rights. Your group should be prepared to share what you do with the rest of the class, either on poster paper, an overhead projector, or the board. <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">First, within your group, take each sentence of the //Miranda// Warnings and translate them into language that makes sense to you. You might reword "You have the right to remain silent" as "You do not have to speak if you don't want to." <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">Next, match each phrase of your reworded //Miranda// Warnings with the right in the Bill of Rights that it is designed to protect. Discuss the following questions within your group: <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">Make a chart like the one shown below to help you organize your thoughts. Your teacher will lead a class activity during which you will share what you discussed in your group. **//<span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">Miranda //****<span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">Warnings **
 * 1) <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">Why is this right so important that the Supreme Court of the United States decided people accused of crimes must be informed of it?
 * 2) <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">Does informing a person of the right provide absolute protection against a violation of that right?
 * 3) <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">How can police be certain that an accused person understands the meaning of the //Miranda// Warnings?
 * 1) <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">You have the right to remain silent.
 * 2) <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">Anything you say can and will be used against you in a court of law.
 * 3) <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">You have the right to have an attorney present before any questioning.
 * 4) <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">If you cannot afford an attorney, one will be appointed to represent you before any questioning. Do you understand these rights?
 * <span style="color: #000000; display: block; font-family: arial,sans-serif; font-size: 13px; text-align: center;">Sentence from //Miranda// || <span style="color: #000000; display: block; font-family: arial,sans-serif; font-size: 13px; text-align: center;">Put in your own words || <span style="color: #000000; display: block; font-family: arial,sans-serif; font-size: 13px; text-align: center;">Bill of Rights ||
 * <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">1. ||  ||   ||
 * <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">2. ||  ||   ||
 * <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">3. ||  ||   ||
 * <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">4. ||  ||   ||


 * //<span style="color: #000000; font-family: 'Arial','sans-serif';">Miranda //****<span style="color: #000000; font-family: 'Arial','sans-serif';"> and the Exclusionary Rule **

<span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">In the United States, one of the ways that the judicial branch checks the executive branch is through the exclusionary rule. Under this policy, illegally obtained evidence is inadmissible in court. While this applies primarily to Fourth Amendment protections against illegal search and seizure, it also applies to the Fifth Amendment protections against self-incrimination. This means that if the police fail to inform a suspect of his or her right to remain silent, and the suspect confesses, the confession cannot be introduced as evidence in the suspect's trial. <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">There has been a great deal of controversy over this, so in recent years, the Courts have relaxed the standard a bit. For instance, courts now apply what is known as the "good faith" exception. Under this standard, if police believed, for instance, that a search warrant was legal, but later found out that it was technically flawed, the evidence obtained in the search would still be admissible. <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">In many democratic nations, violations of police procedure are handled quite differently. For example, in England, if the police violate criminal procedure, they are reprimanded; they might be punished or sued. However, the illegally obtained evidence is still admissible in court.


 * <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">Questions to Consider: **
 * 1) <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">What is the purpose of the exclusionary rule?
 * 2) <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">What are some potential consequences of the exclusionary rule?
 * 3) <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">What is your opinion of how violations of police procedure are handled in England?
 * 4) <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">Should the United States keep or abolish the exclusionary rule? Explain your answer.
 * 5) <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">Some criticize the exclusionary rule as only protecting guilty people. Critics argue that it does nothing, for example, to protect against an illegal search or a failure to give //Miranda// warnings that produce no evidence or confession. Do you agree or disagree with this criticism? Explain.

<span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">4th Amendment <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;"> <span style="color: #000000; font-family: 'Arial','sans-serif'; font-size: 13px;">

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