Civil LibertiesCivil Liberties

Chapter 20Chapter 20Section 3Section 3

VocabularyVocabulary

Writ of habeas corpus – a court order making the government allow the accused a hearing and an explanation for their detainment

Bill of Attainder – laws that affect only 1 individual or group

VocabularyVocabulary

Ex post facto – laws passed after the fact

Grand jury – a formal group selected to look at evidence to see if charges warrant being filed

Double Jeopardy – no one can be tried for the same crime twice

VocabularyVocabulary

Bench trial – only a judge hears a case

“It is better that ten people go free than that one innocent person be punished”

Rights of the AccusedRights of the Accused

People accused of a crime are afforded certain rights

Judges have suspended the writ of habeas corpus during times of war, such as after Pearl Harbor

It was found to be unconstitutional

Lincoln also did it - legally

Rights of the AccusedRights of the Accused

Federal, state, or local governments may not enforce ex post facto laws

EX – if a person does something today that is legal, if a law forbidding it passes tomorrow, the person cannot be prosecuted for doing the act

Rights of the AccusedRights of the Accused

People are chosen to be on a grand jury for 1 year.

They meet, usually once a month, to look at evidence to be sure that the evidence found is enough to warrant a criminal trial

All sessions are secret and only the prosecutors are present

Rights of the AccusedRights of the Accused

People cannot stand trial twice for the same crime.

They can stand trial for the same type of crime

They can stand trial in federal and state courts for the same crime

They can face civil and criminal courts for the same crime

Rights of the AccusedRights of the Accused

Accused people have the right to s speedy trial – 100 days from the time of arraignment to trial

Tom Delay was arrested in October and is expecting to go to trial in December by his request

Rights of the AccusedRights of the Accused

OJ Simpson asked for a speedy trial hoping the prosecution would not be ready to try him – they were not

Rights of the AccusedRights of the Accused

The 6th Amendment guarantees a public trial

Judges can limit the number of spectators and decide if the case is televised

This is important in rape and child molestation cases

Rights of the AccusedRights of the Accused

The 6th Amendment guarantees that the accused be tried in front of an “impartial” jury

This clause allows attorney to question potential jury members to test for bias

The accused can ask for a bench trial

Rights of the AccusedRights of the Accused

The 6th Amendment guarantees that the accused be represented by an attorney

Gideon v. Wainwright – FL would not appoint a free attorney for a non-capital case.

It was overturned by the USSC and Gideon received a new trial

Rights of the AccusedRights of the Accused

Escobedo v IL – Escobedo was denied the right to see his attorney after asking numerous times

His case was thrown out and he was released from prison

Rights of the AccusedRights of the Accused

The 5th Amendment guarantees the right of the accused not to incriminate himself

The prosecution must prove the case against the accused

The accused does not have to testify in court or answer questions

Rights of the AccusedRights of the Accused

Miranda Warnings are routinely given to all accused

TX v. Cobb – Cobb confessed to murder without his attorney. His conviction was upheld because he did not ask for help from his attorney before he confessed