Rights of Accused Persons
April 22, 2013
Objective: To Understand the
rights you have as an accused
person in the United States
I. Double Jeopardy-5th amendment
• Definition: may not be tried twice for the
same criminal offense
• Exceptions:
– Crime violates state and federal lawtried
at both levels
– Mistrial (NO unanimous verdict)
3/22/2016
2
II. Counsel-6th amendment
• Two court cases provide for counsel:
– Gideon v. Wainright, 1963-States
(Incorporation)
– Johnson v. Zerbst,-charged in federal
courtMajority of Court Cases are federal or state?
STATES
3/22/2016
3
III. Speedy and public trial (6th)
1. Speedy trial: No unreasonable delays- “as
speedy as possible”
2. Public trial: bans govt. from conducting
trials in secret- trials are open
3/22/2016
4
IV. Trial by jury/witnesses 6th/7th
1. Jury-guaranteed in criminal cases
1.
Plea bargain
2. Jury-guaranteed in federal civil cases
3. SuspectWitnesses
1.
2.
3/22/2016
Bring them his/her behalf
Confront (cross)
Templa
5
V. Excessive bail and fines-8th
• Bail must bear relationship to:
– Gravity of the offense
– Likelihood that the suspect will “jump bail”
• Denial of bail does not constitute
excessive bail (murder)
• Fine must be proportionate to the offense
3/22/2016
6
VI. Cruel and Unusual punishment-8th
• Punishment must fit the crime
(proportionate)
• Death Penalty-not cruel and unusual
• Atkins v. Virginia, 2002
• Ewing v. California, 2003 (upheld
California’s “3 strikes”-did not violate
8th amendment)
– “Most serious offenses”
3/22/2016
7