The Judicial Branch
Chapter 18
Part 5
Rights of the Accused
• “It is better that ten guilty persons go free than that
one innocent person be punished”
• Any person who is suspected or accused of a crime is
innocent until proven guilty
• To make sure this happens an accused person has a
number of rights:
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Habeas Corpus
Bills of Attainder
Ex Post Facto
Grand Jury
Double Jeopardy
Speedy and Public Trial
Trial By Jury
Right to an Adequate Defense
Self -Incrimination
1. Habeas Corpus
• Prevent unjust arrests and imprisonments
• Person must be taken before the court and
just cause must be shown why they are being
accused
• Lincoln suspended the Writ of Habeas Corpus
in 1861
– Taney: Unconstitutional
– New law: Habeas Corpus Act
– 1866: Unconstitutional again
2. Bills of Attainder
• A legislative act that inflicts punishment
without a court trial
– Neither Congress nor the States are allowed to do
this
• Legislative branch can define laws but not
declare someone guilty
– Keeps people from being punished without a trial
3. Ex Post Facto Laws
• A law passed after the fact
– A criminal law, one defining a crime or providing
for its punishment
– Applies to an act committed before its passage
– Works to the disadvantage of the accused
• Neither Congress nor States can pass such
laws
4. Grand Jury
• The formal device by which a person can be
accused of a serious crime
• 16-23 people with a vote of 12 to bring and
indictment
– Indictment: a formal complaint that the
prosecutor lays before a grand jury
• Only the prosecution is present
• Protect the accused from over zealous
prosecutors
5. Double Jeopardy
• Once a person has been tried for a crime they
cannot be tried again for the same crime
– Exception Federal vs state
– If it is a hung jury
• Protect the accused from having to go back to
trail over and over again
6. Speedy and Public Trial
• The government will try someone without
undue delay and it a public trial
• Protects the accused from
– Being arrested and sitting in jail for years with no
idea when your trial will be
– The government doing something shady and not
being held accountable
• Can’t be too speedy or too public
7. Trial by jury
• Impartial jury
• Trial jury is often called a petit jury
• The trial is held where the accused did the
crime
• Defendant may request a bench trial
– No jury only the judge hears the case
8. Right to an adequate defense
• The accused has the right to the best possible
defense that circumstances will allow
• Defendants have the right 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
– To have the Assistance of counsel for his defense
9. Self-Incrimination
• No person can be compelled in any criminal case
to be a witness against himself
• The prosecution has the burden of proof in
criminal cases
• Miranda v. Arizona
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Right to remain silent
Anything you say may be used against you
Right to an attorney
One will be provided if they can’t afford it
May end police questioning at any time