Rights of the Accused
4th, 5th, 6th and 8th Amendments to the
Constitution
Due Process of the Law
5th and 14th amendments
• 5th amendment –
restricts actions of the
national government
• 14th amendment –
restricts actions of the
state governments
– Incorporation of rights
– Selective Incorporation
– (case by case) starting
with Gitlow in 1925
• Substantive Due
Process: The “What”
or policies of
Government action
– Pierce v. Society of
Sisters
• Procedural Due
Process: The “How”
or methods
– Rochin v. California
“Police Powers” of the states
• Promote Health- limit sale of alcohol (age,
time, place, etc), tobacco, laws for
vaccinations (Jacobson v. Massachusetts)
• Promote Safety – forbid weapons, require
use of seat belts, texting while driving
• Promote Morals – outlaw gambling,
obscene materials (Roth and Miller Cases)
• Promote General Welfare – education laws,
public utilities, help the needy
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4
Amendment Rights
• Prevents Blanket Searches (writs of
assistance)
• Warrant based on probable cause (Florida
v. JL –anonymous tip not probable cause)
• Unconstitutional – thermal imaging (Kyllo
v. US) and blood tests without consent
(Ferguson v. City of Charleston)
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4
Amendment Exceptions
• Plain View Doctrine – Minnesota v. Carter
• Area incident to arrest – Chimel v.
California
• Stop and Frisk – Terry v. Ohio
• Automobiles – California v. Acevedo and
Wyoming v. Houghton
Exclusionary Rule
• Define: any illegally
obtained evidence
cannot be used against
you
• Weeks v. United States
- actions of national
government
• Mapp v. Ohio – state
governments
Exceptions to the exclusionary
rule
• Nix v. Williams – inevitable discovery rule
• United States v. Leon – “good faith”
exception
• Arizona v. Evans – computer error not
human error
• Maryland v. Garrison – “honest mistakes”
Actions NOT allowed
• Suspension of the writ of habeas corpus –
prisoner must be brought before the court
• Bills of attainder – you may not punish
without a trial (exception: bench trial or
plea bargaining)
• Ex post facto laws – works to the
disadvantage (only for civil cases)
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5
Amendment Protections
• Grand Jury – find
notes in Court notes
• No self incrimination
– you do not have to
testify against yourself
• No double jeopardy
– Exceptions: mistrial,
hung jury, appeal, state
and federal crimes
involved
• Due Process of the
Law – actions of
national government
• Eminent Domain –
government may take
private property for
public use with
compensation
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6
Amendment Protections
• Speedy and Public Trial
– Barker v. Wingo – set standards – 4 part test
(length, reasons, harm and did he/she ask?)
– Speedy Trial Act 1974 – 100 days federal
– Shepard v. Maxwell – vs fair press
• Trial by a Jury – petit jury, peers, Article III
• Adequate Defense – Betts v. Brady, Gideon
v. Wainwright
Miranda Rules
• Escobedo v. Illinois – starts trend – asked
for his attorney but was denied (conviction
overturned)
• Miranda v. Arizona – tell accused of
constitutional rights if detained and
questioned.
• Dickerson v. United States – embedded in
our culture – we all know them
8th amendment – punishment
phase
• Bail – why? No jail
until guilt determine;
better to work on
defense
• Insurance Bond
• 10 percent – property
and/or cash – back if
you show up for trial
• Case Law
– Stack v. Boyle – no
excessive
– United States v.
Salerno – preventive
detention permitted
Cruel and Unusual Punishment
Case Law
• Louisiana v. Resweber – may try a second time if
the first is unsuccessful
• Estelle v. Gamble - must give medical care
• Rhodes v. Chapman – two per cell is permitted
• Furman v. Georgia - death penalty
unconstitutional due to arbitrary means
• Woodson v. Georgia – death penalty may not be
mandatory punishment
• Gregg v. Georgia – death penalty permitted – look
at circumstances and two phase trial