Rights of Accused Persons

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REVIEW
9. Title IX of Education Act of 1972: (4 points)
– Prohibited gender discrimination in federally subsidized
educational programs.
10. Freedom of Information Act, 1974: (3 points)
– Allows public access to non-classified federal documents.
11. Welfare Reform Act of 1996: (5 points)
– Ended federal entitlement status of welfare.
– In its place, federal govt. gave block grants to states to administer
welfare.
– Recipients must work within 2 years.
– Recipients cannot receive benefits for more than 5 years.
12. “Motor Voter Act” 1993: (2 points)
– Requires states to allow people to register to vote when applying
for a driver’s licenses applications or completing license renewal
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Rights of Accused Persons
March 30, 2015
Objective: To Understand the
rights you have as an accused
person in the United States
Due process of law (5th-federal) (14th-state), life,
liberty, propertydue process- TWO TYPES
• 1. Procedural:
procedures…
– Observe Bill of Rights
• Examples of violations
– Illegal searches (4th)
– Unfair court procedures (6th
counsel, jury in criminal)
• 2. Substantive: LAWS
reasonable
• Examples of violations
– Ban on all abortions
(Roe) (9th, 14th)
– County banning all
firearms (2nd)
I. Double Jeopardy-5th amendment
• Definition: criminal offense
• Exceptions:
– State vs. federal law
– Mistrial
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II. Counsel-6th amendment
– Gideon v. Wainright, 1963-States
– Federal courtMajority of CasesSTATES
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III. Speedy and public trial (6th)
1. Speedy trial:
2. Public trial: trialsopen
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IV. Trial by jury/witnesses
th
th
6 /7
1. Jury-criminal
1.
Plea bargain
2. Jury-federal civil
3. SuspectWitnesses
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Templa
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V. Excessive bail and fines-8th
1. Bail:
1. Offense
2. “Jump bail”
2. Denial-does not8th Amend.
3. Fineproportionate
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VI. Cruel and Unusual punishment-8th
•
•
•
•
Proportionate
Death Penalty-not cruel and unusual
Atkins v. Virginia, 2002
Ewing v. California, 2003
– “Most serious offenses”
• Roper v. Simmons, 2004
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