chapter 20: civil liberties: protecting individual rights section 3

Chapter 20: Civil Liberties: Protecting Individual Rights

Section 3

Copyright © Pearson Education, Inc. Slide Chapter 20, Section 3

ObjectivesObjectives

1. Define writ of habeas corpus, bills of attainder, and ex post facto laws.

2. Outline how the right to a grand jury and the guarantee against double jeopardy help safeguard the rights of the accused.

3. Describe issues that arise from guarantees of speedy and public trials.

4. Determine what constitutes a fair trial by jury.5. Examine the right to an adequate defense and

the guarantee against self-incrimination.


Key TermsKey Terms

• writ of habeas corpus: a court order demanding that a prisoner be brought before the court and reason given why they should not be released

• bill of attainder: a law allowing a person to be punished without a trial

• ex post facto law: a law applied to an act committed before the law was passed

• grand jury: the formal device by which a person can be accused of a serious crime

• indictment: a formal complaint made to a grand jury that charges the accused with one or more crimes


Key Terms, cont.Key Terms, cont.

• presentment: a formal accusation brought by a grand jury

• information: an affidavit in which a prosecutor swears there is enough evidence to justify a trial

• double jeopardy: principle that holds that a person cannot be tried twice for the same crime

• bench trial: a trial heard only by a judge, with no jury

• Miranda rule: the requirement that police officers must inform suspects of their constitutional rights before questioning them


IntroductionIntroduction

• What protections does the Constitution set out for persons accused of crimes?

– It protects the writ of habeas corpus. – It bans the passages of bills of attainder or ex

post facto laws.– It requires grand juries for federal indictments. – It bans double jeopardy. – It guarantees a speedy and public trial.– It protects people from self-incrimination.


Habeas CorpusHabeas Corpus

• The U.S. Constitution and the state constitutions protect the right of the accused to be brought before a court to hear the charges against them.This is called a writ of habeas corpus.


Habeas Corpus, cont.Habeas Corpus, cont.

• Habeas corpus can be suspended only by Congress or the President during an invasion or rebellion.

– This happened during the Civil War.

– Hawaii’s governor illegally suspended habeas corpus after Japan bombed Pearl Harbor.


Limits on LawsLimits on Laws

• The Constitution bans the federal and state governments from passing bills of attainder or ex post facto laws.

– Bills of attainder are laws that punish someone without a court trial. Such laws would violate the separation of powers between the legislative and judicial branches.

– Ex post fact laws are criminal laws that apply to acts committed before the laws were passed and that harm the accused.


Grand Jury - 5th Amend’tGrand Jury - 5th Amend’t

• Most states do not use grand juries. – The 5th Amendment right to a grand jury has not

been incorporated.– Therefore, states do not have to comply with the 5th

• Federal prosecutors must use grand juries to indict, or charge, people accused of federal crimes.– Grand juries are made up of 16 to 23 – Jurors hear only evidence against the accused. – at least12 must agree there is enough evidence to try

the case.– Otherwise the charges are dropped.


Double Jeopardy - 5thDouble Jeopardy - 5th

• The 5th Amendment says that no person can be tried twice for the same crime.

– A person can be charged with both a federal and a state crime for the same act. They can then be tried in both federal and state court.

– Double jeopardy does not apply when a trial ends with no decision or when cases are appealed to higher courts.


Self-Incrimination-5th Am’tSelf-Incrimination-5th Am’t

• The 5th Amendment protects people from being forced to incriminate themselves.

– It applies to many types of legal proceedings.

– It does not apply to being fingerprinted or photographed.


Miranda v. Arizona, 1966Miranda v. Arizona, 1966

• Checkpoint: What does the Miranda rule require of police officers?

– Suspects must be informed of their constitutional rights, including their right to a lawyer and to not incriminate themselves, before they are questioned.

– The rule is controversial and is being refined on a case-by-case basis.


Speedy/Public Trial-6thSpeedy/Public Trial-6th

• The 6th Amendment grants the right to a speedy and public trial.

– Court looks at the following to determine • the length of the delay• reasons for delay• If delay hurt the defendant• If defendant asked for a speedy trial.

– Too much publicity can harm the fairness of a trial.

– Federal trials may not be televised but state trials can.


Trial by Jury-6th Amend’tTrial by Jury-6th Amend’t

• Federal crimes and serious state crimes are tried by jury. – Most juries have 12 members, but some have

as few as six. – Jury members must be drawn from a cross

section of the community where the crime occurred.

• A defendant can waive the right to a jury trial and be tried by a judge alone.


Adequate Defense-6th Am’tAdequate Defense-6th Am’t

• Every person accused of a crime has a right to the best possible defense under the circumstances.

• The 6th Amendment says that a defendant has the right:– To know the charges against him or her– To confront and question witnesses– To subpoena witnesses – To have counsel for his or her defense


Adequate Defense, cont.Adequate Defense, cont.

• In Gideon v. Wainwright, 1963 the Court ruled that an attorney must be provided to a defendant who cannot afford one.

– Gideon wrote to the Supreme Court to appeal his conviction.

– Attorney is a necessity, not a luxury.


ReviewReview

• Now that you have learned about the protections set by the Constitution for persons accused of crime, go back and answer the Chapter Essential Question.– To what extent has the judiciary protected the

rights of privacy, security, and personal freedom?

chapter 20: civil liberties: protecting individual rights section 3

Documents

slide chapter

copyright pearson education

court trial

criminal laws

bills of attainder

trial double jeopardy

individual rights section

grand jury information