Cases and Terms –
Chapter 8 – Rights of the
Accused
Module 8
Amendments 4 -7
Cases
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Escobedo v. Illinois (1964): If requested, a lawyer
must be present during police interrogation before an
indictment is made
Gideon v. Wainwright (1963): Extended the Sixth
Amendment’s right to appointed counsel to indigents in
all felony cases.
Mapp v. Ohio (1963): Held that a search without a
warrant (when there was ample time to obtain one) was
unreasonable and that evidence thus seized was
inadmissible. This was the case in which the Court
utilized the exclusionary rule to enforce constitutional
guarantees.
Cases
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Miranda v. Arizona (1966): In invalidating the conviction
of Ernesto Miranda for kidnapping and rape, the Court
established a set of guidelines that police officers must
follow and a set of warnings they should give when
interrogating criminal suspects.
Weeks v. United States (1914) enforces what is known
as the exclusionary rule. That is, they exclude from trial
evidence that has been seized illegally. This rule, of course,
does nothing to remedy the violations of rights that have
already occurred, but it arguably serves to deter future
illegal conduct and helps keep judicial hands free of the
taint of wrongdoing. More negatively, the exclusionary rule
can result in the exclusion of some crucial evidence,
causing some guilty individuals, as a consequence, to go
free. The exclusionary rule was applied to the national
government in Weeks
Terms
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Administrative Searches: Rights of employers to
search employee effects at places of employment.
Double Jeopardy: Trying an individual for a crime of
which that individual has already been declared not
guilty. Such double jeopardy is disallowed by the Fifth
Amendment.
Due Process Clauses: Provisions found in the Fifth and
Fourteenth Amendments prohibiting the government
from taking a person’s life, liberty, or property without
due process of law. The later provision has been the
primary vehicle by which the guarantees in the Bill of
Rights have been applied by judicial decisions to the
states.
Terms
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Exclusionary Rule: A judge-made rule, applied first to
the national government and subsequently to the states,
prohibiting the introduction in court of illegally obtained
evidence. The rule has been defended both as a means
of deterring illegal police conduct and as a mechanism to
keep governmental hands clean of wrongdoing; it has
been criticized for allowing some criminals to go free.
Good Faith: A recognized exception to the exclusionary
rule designed to apply when police have acted in good
faith and without knowledge that a warrant was flawed.
Grand Jury: A body of citizens convened to determine
whether there is sufficient evidence to bring an
individual to trial
Terms
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Petit Jury: A trial jury, typically consisting of
twelve members of the community, which
decides on a defendant’s guilt or innocence and,
in some cases, on an appropriate penalty.
Self-Incrimination: The act of testifying to
crimes against one’s self. The Fifth Amendment
outlaws compulsion against self-incrimination in
criminal cases.
Takings Clause: The provision found in the
Fifth Amendment that forbids government from
taking private property without providing just
compensation.
Terms
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Rights of Notification, Confrontation and
Compulsory Process: Right to be informed of charges,
confronted with witnesses against the accused and to
obtain witnesses who might be able to exonerate them.
Right to Counsel: Right to an attorney to assist in
defense either paid by the accused or paid by the state if
the defendant is unable to pay.
Unreasonable Searches and Seizures: Searches and
seizures initiated without just cause or proper warrant
procedures as specified in the Fourth Amendment.