Rights of the Accused - Summary

4th Amendment

  • Unreasonable searches and seizures are prohibited.

  • Warrants require probable cause, supported by oath, specifically describing the place and items to be seized.

  • Searches:

    • Consent allows searches.

    • Reasonable suspicion allows further investigation.

    • Probable cause allows warrants or searches/seizures.

    • Warrantless searches: exigent circumstances, plain view, require probable cause.

  • Katz v. United States (1967):

    • 4th Amendment applies if a person has a subjective expectation of privacy, and that expectation is objectively reasonable.

  • Weeks v. United States (1913):

    • The government may only search a home with a warrant based on sworn evidence and describing the search target with reasonable particularity.

  • Mapp v. Ohio (1961):

    • Evidence obtained in violation of rights is inadmissible at trial.

  • Exceptions to Exclusionary Rule:

    • Attenuation of the "taint".

    • Good faith.

    • Independent source.

    • Inevitable discovery.

  • Whren v. United States (1996):

    • Probable cause for a traffic violation justifies stopping a car.

    • Probable cause that a car has contraband justifies searching it.

  • New Jersey v. TLO (1985):

    • School searches require neither a warrant nor probable cause.

    • Must be justified and reasonable in scope.

5th Amendment

  • Guarantees due process and the right to remain silent; protects against double jeopardy.

  • “No person…shall be compelled in any criminal case to be a witness against himself…”

  • Miranda v. Arizona (1966):

    • Statements from custodial interrogation are inadmissible unless suspect is advised of their rights (to remain silent, to an attorney), understands them, and waives them.

6th Amendment

  • Guarantees the right to counsel and a speedy and public trial by jury.

  • “In all criminal prosecutions, the accused shall…have the assistance of counsel for his defense.”

  • Gideon v. Wainwright (1963):

    • State and federal courts must provide attorneys to criminal defendants who cannot afford them.

8th Amendment

  • Prohibits cruel and unusual punishment.

  • The death penalty must be imposed fairly, giving individual consideration to the defendant and the crime.

  • Death Penalty Restrictions:

    • Furman v. Georgia (1972): Arbitrary and capricious use is unconstitutional.

    • Gregg v. Georgia (1976): Careful use in murder cases is constitutional.

    • Woodson v. North Carolina (1976): Mandatory sentences for non-murder crimes are unconstitutional.

    • Coker v. Georgia (1977): Unconstitutional for rape of an adult.

    • Edmund v. Florida (1982): Unconstitutional if the defendant did not intend to kill.

    • Kennedy v. Louisiana (2008): Unconstitutional for rape of a child if the child survives.

  • “Evolving standards of decency” determine what is cruel and unusual.

  • Ford v. Wainwright (1986): Unconstitutional for insane persons who don't understand their impending execution.

  • Thompson v. Oklahoma (1988): Unconstitutional for minors.

  • Atkins v. Virginia (2002): Unconstitutional for persons with “mental retardation”.

  • Roper v. Simmons (2002): Unconstitutional for minors.

  • Punishment must not have a “substantial” or “objectively intolerable” risk of harm.

  • Wilkerson v. Utah (1879): Death by firing squad is constitutional.

  • In re Kemmler (1890): Death by electrocution is constitutional.

  • Glossip v. Gross (2015): Lethal injection is constitutional.