Rights of the Accused
Unit 4 Chapter 20 Section 3
Writ of habeas corpus
Definition: To prevent unjust arrest and
imprisonment, the prisoner is to be
brought before the court, and the officer
must show just cause why the prisoner
should not be released.
Constitution guarantee: Article I Section 9
Bill of attainder
Definition: a legislative act that provides
for the punishment of a person without a
court trial.
Related to Separation of Powers: tell
legislative body to be lawmakers, not
judges
Ex post facto law
Definition: a criminal law that applies to
crime committed before the law was
passed.
3 criteria:
It is a criminal law
It applies to an act committed before its
passage.
It works to the disadvantage of the accused.
Define:
Grand Jury: The formal device by which a
person can be accused of a serious crime.
Indictment: a formal complaint that the
prosecutor lays before a grand jury.
Presentment: a formal accusation brought
by grand jury on its own motion.
Define:
Information: an affidavit in which the
prosecutor swears that there is enough
evidence to justify a trial.
 Double jeopardy: part of the 5th
amendment that says no person can be put
in jeopardy of life or limb twice.
Define:
Bench Trial: a trial in which a judge alone
hears the case. No jury!
Self-incrimination: No person can be forced
to be a witness against him or herself.
Right
Amendment
Right to a grand jury
5th
No double jeopardy
5th
Right to a speedy and
public trial
6th
Right to trial by an impartial
jury
6th
Right to adequate defense
6th
No self-incrimination
5th