The Rights of the Accused
Fourth Amendment – Search and Seizure
I.
A.
B.
C.
D.
E.
Court Cases
Weeks v. U.S. (1914) – 4th Amendment barred the use of
evidence secured through illegal search and seizure by federal
officers
Mapp v. Ohio (1961) – 4th Amendment exclusionary rule is
applicable to the states through the 14th Amendment
Terry v. Ohio (1968) – Person may be detained without
probable cause to make an arrest if there is reasonable
suspicion that criminal activity is afoot
New Jersey v T.L.O. (1985) – 4th Amendment applies to
searches by public school officials. Searches are judges on
reasonableness under all circumstances.
Maryland v. Garrison (1987) – A warrant with a vague address
is valid, since police obtained the warrant and reasonably
believed that the person was the only tenant
th
5 Amendment
I. Right to Remain Silent
A. Miranda v Arizona (1966) – Suspects must be warned
prior to questioning of the right to remain silent, that any
statement may be used as evidence, and that they have the
right to an attorney, either retained or appointed.
B. Colorado v. Spring (1987) – a suspect may waive the 5h
Amendment privilege providing “the waiver is made
voluntarily, knowingly, and intelligently.”
II. Due Process
A. Goss v. Lopez (1975) – students facing temporary
suspension have the right to due process including notice of
charges, explanation of the evidence, present his/her
version, and a hearing may follow removal
5th Amendment
III. Double Jeopardy
A. Benton v. Maryland (1969) – Double Jeopardy clause is
applicable to the states through the 14th Amendment
B. Heath v. Alabama (1985) – Under the “dual sovereignty”
doctrine, successive prosecutions by two states for the same
conduct are not barred by the Double Jeopardy clause.
C. United States v Halper (1989) – A criminal who has
already been punished in a criminal trial may be subject to
civil sanctions
IV. Indictment by a Grand Jury
A. Hurtado v. California (1884) – States do not have to use
indictment of a grand jury in prosecution of murder or other
offenses
V. Plead the Fifth
th
6 Amendment
I. Right to Counsel
A. Gideon v. Wainwright (1963) – whenever a
sentence of 6+ months is possible a defense
counsel must be provided
th
8 Amendment
I. Free of Cruel and Unusual Punishment
A. Louisiana in rel Francis v. Resweber (1947) – if a person
escapes death due to mechanical failure, a second execution
does not violate double jeopardy or cruel and unusual
punishment
B. Furman v. Georgia (1972) – carrying out the death penalty
under the laws of the state was cruel and unusual punishment
C. Gregg v Georgia (1976) – Reinstated the death penalty
D. Coker v. Georgia (1977) – Giving the death penalty for rape of
a female adult was unconstitutional
E. Stanford v. Kentucky (1989) – The execution of 16 and 17
year olds for capital crimes was not cruel and unusual
punishment
G. Roper v. Simmons (2005) – Overturns Stanford v. Kentucky
8th Amendment
II. Free of Excessive Fines and Bail
III. Factors the Jury Must Weigh in Giving the
Death Penalty
A. Mitigating Factors – IQ, family background,
environment, education
B. Aggravating Factors – facts surrounding the
incident, serious bodily injury, weapon, happing
during the commission of another crime