Civil Liberties
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It is often said in the American justice system
that it is better to allow ten guilty people to
go free than to let one innocent person be
punished.
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A writ that states that an officer holding a
prisoner must be brought before the court,
and explain why the prisoner should not be
released.
The writ can only be suspended in times of
rebellion or when public safety may require it.
Abraham Lincoln suspended the writ in 1861
during the beginning of the Civil War, though
the Supreme Court later ruled in 1866 that
the President or Congress could not do this if
there was no fighting going on.
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A legislative act that inflicts punishment
without a court trial
This is prohibited by the Constitution
This is done as both a protection of individual
freedom and a tool of separation of powers
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Three Features
1) A criminal law
2) Refers to an act committed before its
passage
3) Works to the disadvantage of the accused
Ex. If a law is made that it is illegal to gamble
in Louisiana, the state cannot arrest anyone
who has ever gambled in that state.
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“No Person shall be held to answer for a
capital, or otherwise infamous crime, unless
on a presentment or indictment of a Grand
Jury.
---5th amendment
Grand Jury- A formal device by which a
person can be accused of a serious crime
Usually consists of 16-23 people
12 of those can turn in an indictment
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Formal complaint that the prosecutor lays
before a grand jury, charging the accused
with one or more crimes
If the Grand Jury believes there is enough
evidence to go to trial, they turn in a true
indictment. If not, then the charges are
dropped
Grand Jury proceedings are not a trial
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Protected by the 5th and 14th amendment
Once a person is tried for a crime, they
cannot be tried again for the same crime
One can however be tried in both a federal
and state court. (selling narcotics etc.)
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“In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public
trial.”
Speedy Trial- Meant to ensure the
government will try a person accused of a
crime without undue delay
Speedy Trial Act of 1974- The time of a
persons arrest and the beginning of a
criminal trial cannot be more than 100 days
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Guaranteed by both
the 6th and 14th
amendment
The judge can limit
both the number of
spectators and what
kind of spectators
are allowed at a trial.
A judge can also
order a courtroom to
be cleared
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Television cameras
are barred from all
federal courtrooms
The Court has held
that States may allow
television cameras as
long as steps are
taken to avoid too
much publicity and
they do not hinder
the protection of the
defendant’s rights
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The 6th amendment allows that all tried in
federal crimes are allowed to have a jury trial
States must provide a jury in all serious
crimes.
Defendants can request a change of venue,
moving the location of a trial to some other
venue. The judge makes the final decision on
this matter
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Defendants have the ability to waive this right
Judges can order a jury trial even when this
right has been waived
Bench Trial- A trial where the judge alone
hears the case
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There Must be at
least 12 members
of a jury in a federal
criminal trial
State trials can
fluctuate between 6
and 12 jury
members in both
civil and criminal
cases
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Juries mostly must come up with a
unanimous decision to grant a conviction
Most states follow the same rule
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The 6th amendment gives the right to
1) be informed of the nature and cause of the
accusation
2) To be confronted with the witnesses
against him
3) To have a compulsory process for
obtaining witnesses in his favor
4) To have the assistance of counsel
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Police had questioned Escobedo, even though
he repeatedly asked to see his lawyer first. He
later made damaging statements that hurt
him at his trial
The Supreme Court later ordered Escobedo to
be freed, stating that he had been denied his
right to counsel
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An attorney must be given to a defendant
who cannot afford one.
Today, public defenders are common and
generally defend clients who can’t afford
attorneys
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“No person can be compelled in any criminal
case to be a witness against himself.”
5th amendment
The burden of proof is on the prosecutor, as a
defendant does not have to prove if he or she is
innocent.
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This right applies to not only cases, but also
any government proceedings
This is a personal right, and can only be
invoked individually
Does not prohibit a person from;
◦ Being fingerprinted
◦ Photographed
◦ Appearing in a line-up
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Does provide protection from submitting
confessions under duress, such as a result of
torture or other physical pressure
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This laid the
groundwork for the
Miranda warning
Police have to
inform anyone they
arrest of their
constitutional
rights
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All citizens who are arrested must be;
1) told their right to remain silent
2) warned that what they say can be used in
court
3) informed of their right to an attorney
4) told that if they can’t hire an attorney, one
will be provided
5)told that they can bring questioning to an
end at any time