Section 3
Rights of the Accused

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Why is this the way we approach an accused individual?
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1. The accuser/government has all the advantages
2. Burden of Proof
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This is the government’s job
Reasonable Doubt

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What is a negative/problem with presumption of innocence?
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1. Guilty people go free
2. Guilty people may plea bargain
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Plead guilty to a lesser charge

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14 th Amendment – allowed due process for all people – federal law and state law
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2 Types
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Procedural – government follows the rules by which it has agreed to treat the accused
Substantive – the laws themselves are fair and constitutional

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Probable Cause
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A valid reason
Miranda
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Remain silent and have an attorney
Grand Jury
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Is there enough evidence?
Informed of the charge
Speedy and public trial by jury

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Prosecution must prove to a jury that the accused is guilty beyond a reasonable doubt
Accused does not have to answer questions
Accused can question the accusers
Accused can have testimony on their behalf
Double Jeopardy
Appeal

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Expanded Rights of the Accused
Mapp v. Ohio
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Evidence gotten illegally can not be used against an accused person
Gideon v. Wainwright
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Florida man put in jail after he had to defend himself in court
If you can’t afford an attorney?

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Miranda v. Arizona
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Informed of your rights upon arrest
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Should lawbreakers have this many rights?
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Should society’s right to protection from these criminals be of greater importance?

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Section 4
Civil Rights
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Constitutional Terms
Civil Rights
Constitutional rights guaranteed to all citizens
Discrimination
Policy or attitude that denies equal rights and treatment to a certain group of people
Segregate
To separate people based on race, ethnic background or class
Jim Crow Laws
Legislation trying to segregate people based on race

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Dred Scot
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Black slave
Lived with his master in Missouri (a slave state)
They lived in a free state (Illinois) and a free territory (Minnesota)
On return to Missouri Dred Scot sued for his freedom
Supreme Court ruled that he was property and could not sue for his freedom

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Late 1800’s people in the north and south denied civil rights to black Americans
The south used Jim Crow Laws – legislation to segregate
“Separate but Equal” facilities was not a denial of civil rights
Homer Plessy – What happened?

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Brown v. Board of Education of
Topeka
8 year old Linda Brown sued the Topeka Board of Education
She had to travel to an all black school when a
“white” school was close to her home
The Court reversed it’s ruling in
Ferguson
Plessy v.
The court said that “separate educational facilities are inherently unequal” separate but equal “has no place in public education”

Brown v. Board of Education cont.
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The Court ordered states to integrate their schools “with all deliberate speed.”
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This case was the beginning of the modern day civil right’s movement (1954)

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Other Americans - Chinese, Japanese, Native,
Latinos, Women, Jews
All of these groups have experienced prejudice and discrimination throughout history
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Some Examples
Korematsu v. United States
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Pearl Harbor attack
Relocation camps
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What did the Supreme Court rule?

Cleveland Board of Education v.
LaFleur
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Women
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Maternity leave
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Supreme Court ruled in favor of LaFleur
Cleveland School Board rules regarding maternity leave were unconstitutional under the 14 th Amendment