CRIMINAL LAW
RIGHTS OF THE ACCUSED -- TEST REVIEW SHEET
MS. VALENTIN
ESSENTIAL QUESTIONS:
 WHAT ARE THE 4TH, 5TH, AND 6TH AMENDMENT RIGHTS GRANTED TO ACCUSED
PERSONS? WHAT DO EACH OF THESE RIGHTS MEAN?
 WHY ARE THESE RIGHTS PROVIDED?
 HOW DOES THE GRANTING OF THESE RIGHTS AFFECT THE CRIMINAL JUSTICE
SYSTEM?
 HOW DOES IT AFFECT POLICE WORK?
 WHAT LEGAL ISSUES OR QUESTIONS DO COURTS DEAL WITH AS A RESULT OF
ADMINISTERING THESE RIGHTS? [CONSIDER EACH RIGHT SEPARATELY]
VOCABULARY:
SEARCH & SEIZURE (4TH AMENDMENT)
RIGHT AGAINST SELF-INCRIMINATION (5TH AMENDMENT)
RIGHT TO COUNSEL (6TH AMENDMENT)
“TOTALITY OF THE CIRCUMSTANCES”
PROBABLE CAUSE
REASONABLE SUSPICION
REQUIREMENTS FOR A VALID WARRANT
EXCLUSIONARY RULE
EXCEPTIONS TO THE WARRANT REQUIREMENT FOR SEARCH / SEIZURE
“MIRANDA” WARNINGS
CUSTODY
INTERROGATION
CASES:
Probable Cause:
US v Draper; Aguilar v Texas; Cunha v Superior Court; Illinois v Gates; People v Graham
The Exclusionary Rule:
Mapp v Ohio; US v Leon
What is a Search?
Katz v US; US v White; Oliver v US; California v Ciraolo; California v Greenwood; Sarantopoulos v
State; State v Rose;
Fifth Amendment:
Miranda v Arizona;
Fifth Amendment – Miranda: The Warnings
Rhode Island v Innis; Berkemer v McCarty; US v Carter; Duckworth v Eagan; Pennsylvania v Muniz
Sixth Amendment: The Right to Counsel
Gideon v Wainwright (no brief – we discussed it in class)