Rights of the accused

Probable Cause

Strong evidence that a person has committed a crime, leading a reasonable person to believe the claim is true.

Entrapment

When an official induces the accused to engage in a crime by originating the idea.

Warrant

A document issued by an impartial judge allowing officials to conduct a search and seizure, specifying what is sought and where.

Right to Counsel

The right to have an attorney present before questioning, provided by the government if the individual cannot afford one.

Miranda Rights

The right to remain silent and have an attorney present during questioning.

Writ of Habeas Corpus

Court order to determine if a person is being lawfully detained.

Excessive Bail

Bail must be reasonable and fitting for the crime committed.

Grand Jury

A group that investigates crimes to determine if there is enough evidence for a trial.

Trial by Jury

A speedy and public trial by an impartial jury in criminal and civil cases.

Protection against Self-Incrimination

The right not to be compelled to testify against oneself.

Double Jeopardy

Protection against being tried or punished twice for the same offense.

Treason

Defined as levying war against the US, aiding enemies, or adhering to enemies, requiring testimony in open court.

Victims Rights

Rights of crime victims include protection, notice of court proceedings, participation in proceedings, restitution, and fair treatment.

Treason is one of 3 acts

1. Levying war on the US

2. giving aid and comfort to an enemy of the US

3. adhering to the enemies of the US. Te act must be witnessed by 2 people who testify in open court or confessed to in open court. 

A jury can be from

3-12

Rights after Trial

1. No excessive fine  and no cruel or unusual  punishment (8th)

2. Protection against Double Jeopardy (5th)

A person can be detained for 48 hours prior to

Arraignment

Compulsory attendance of witness

A person must see those bringing charges or testifying against him. 

Applies to criminal cases only

Guarantee against an Ex post Facto Law

Guarantee against an Ex post Facto Law

1. Making an act illegal after the fact.

2. Increasing the punishment after the act.

3. Changing the court procedures to make prosecution easier. 

Guarantee against a bill of attainder

A bill of attainder is a legislative act punishing without a trial. 

Jury’s are used in all..

Criminal cases

A jury is used in civil cases when…

Amount is over $20.00

Grand jury is how many people?

12-24

The meeting are secret and the defendant or witnesses have no rights before the

Grand jury

True Bill

charges the person with committing the crime.

Grand jury makes a true bill when…

There is sufficient evidence

Idicted

By a grand jury

If there is not enough evidence there is

No bill

Arraignment

a hearing to determine if the person is being properly detained. 

In Miranda rights you can only give your …

Name

In a search and seizure the official must “…” before entering

Knock and announce

Warrentless searches are permitted if

Given consent

Illegally obtained evidence

Fruit from a poisonous tree

Illegally obtained evidence cannot be used

True

Rights prior to arrest

No arrest without probable cause

Rights prior to arrest

No entrapment

Rights prior to arrest

No unreasonable search and seizure

Rights after arrest before trial

Right to counsel

Rights after arrest before trial

Miranda rights

Rights after arrest before trial

Writ of habeus corpus

Rights after arrest before trial

Guarantee against excessive bail

Rights after arrest before trial

Grand jury

Rights during the trial 

Trial by jury

Rights during the trial 

Guarantee against bill of attainder

Rights during the trial 

Guarantee against ex post facto law

Rights during the trial 

Self incrimination

Rights during the trial 

Compulsory attendance of witness

Rights after trial

Protection against double jeopardy

Rights after trial

1. No excessive fine  and no cruel or unusual  punishment (8th)