Do Now • Collect a sheet from the back of the room Rights of the Accused: 4th & 5th Amendment Rights of the Accused • The Constitution protects the innocent and the guilty. • Error is inevitable: • - guilty escape punishment • - guilty are punished more severely than • they should be • - guilty are punished less severely than • they should be • - innocent are punished 4th Amendment Unreasonable searches and seizures Warrants Probable case Exclusionary Rule – evidence that is unlawfully seized is inadmissible at trial. Core 4th Amendment Cases • Weeks v U.S. - evidence illegally seized by a federal official cannot be used in federal court • Elkins v U.S. - evidence that is unlawfully seized by any official cannot be used in federal court; the exclusionary rule is applied to the federal courts • Mapp v Ohio – Exclusionary Rule applied to the states • Wolf v Colorado - the Court held that the Fourteenth Amendment did not subject criminal justice in the states to specific limitations and that illegally obtained evidence did not have to be excluded from trials in all cases CFU • What did the exclusionary rule accomplish? • Evidence that has been illegally obtained cannot be used in court Search Warrant • • • • • • • Detailed, factual probable cause Testified to by a creditable observer Specify the address to be searched Specify the evidence to be seized Specify the date and time Specify who will execute the warrant Signed by a judicial officer Wilson v Arkansas: even when armed with a warrant, the police generally must "knock and announce" before entering a home. 5th Amendment • • • • Notification of charges in advance Formal hearing Opportunity to hear and respond to charges Opportunity to confront and cross examine accusers • Opportunity to present evidence in your own behalf 5th Amendment…continued • • • • • Free from self-incrimination Right to counsel Formal ruling on the record An appellate review procedure Cannot twice be held in jeopardy Miranda v Arizona Suspects must be informed of their basic rights at the point of arrest, particularly the right to remain Silent, and the right to have counsel present during any interrogations. All confessions admitted in court must meet the two-fold Miranda tests of: ▫ Voluntariness ▫ Awareness CFU • What did Miranda v Arizona accomplish? • It made it mandatory for suspects to be aware of their basic rights at the time of their arrest Miranda Warnings • You have the right remain silent • Anything you say can and will be used as evidence against you in a court of law • You have a right to consult with a lawyer and to have the lawyer present during questioning • If you cannot afford a lawyer, one will be obtained for you if you so desire • Do you understand these rights? • Do you wish to have an attorney? • Do you wish to speak to us now? Miranda Offspring Arizona v. Fulminante - the erroneous admission of a coerced confession at trial does not constitute grounds for an automatic mistrial, rather the totality of the circumstances is to be applied to the harmless error rule Edwards v. Arizona - once a suspect in police custody invoke their right to counsel, law enforcement officials must cease their questioning with regard to the current case and any other case until counsel is present, even if the suspect later agrees to talk without an attorney present Miranda Exceptions • • • • Inevitable discovery (Nix v. Williams) Public safety Routine traffic stops Previously informed of rights (an exemption to the awareness prong) • Illegally obtained confessions may be used to impeach the defendant’s testimony at trial (Michigan v. Harvey; an extension of U.S. v. Havens) Entrapment Sherman v. U.S. - if the criminal conduct is the product of government agent creativity/if the government induced the individual to commit a crime that they otherwise would not have committed, the government action would be considered entrapment and the individual would be free from any criminal liability for the act in question Exit Ticket • How has the judicial interpretation worked out in favor for the accused (using amendments 4 & 5)(3 sentence minimum)?