Civil Liberties and Rights of the Accused

Protections guaranteed in the Constitution since 1789.

Key Protections

Writ of Habeas Corpus:

• Latin for "body of proof"; protects against indefinite detention without proper proof or judgment.

Ex Post Facto Laws:

• Prevents arrest for acts that were not crimes when committed.

Bill of Attainder:

• Protects against legislative acts that impose punishment without trial.

Due Process

Defined in the Fourteenth Amendment.

Procedural Due Process:

• Concerned with how laws are applied (fair treatment in legal processes).

Substantive Due Process:

• Concerns whether laws violate basic rights to life, liberty, or property.

Fourth Amendment

Protects against unreasonable searches and seizures.

Probable Cause:

• Required for warrants; must show cause in the application.

Examples of Searches:

• Evidence in plain sight can be seized.

• In Plain Sight Rule:

• Items visible to an officer at the time of a lawful search can be used in court.

• Exclusionary Rule:

• Illegal evidence may not be used against an accused person.

• Case: Mapp v. Ohio (1961) incorporated the exclusionary rule into state law.

Searches in Schools

Students have fewer protections than in public spaces.

Case: New Jersey v. T.L.O. (1985) highlighted different standards for student rights.

Fifth Amendment

Protects against multiple issues:

• Grand Jury Presentment/Indictment: Required for serious crimes.

• Double Jeopardy: You cannot be tried for the same charges twice.

• If acquitted of capital murder, can still face lesser charges.

• Self-Incrimination:

• Right to not testify against oneself.

Sixth Amendment

Provides rights in criminal prosecutions:

• Right to a speedy and public trial.

• Right to a jury.

• Right to know charges; confront witnesses against you.

• Right to counsel:

• Gideon v. Wainwright (1963) established that states must provide lawyers to defendants who cannot afford one.

• Miranda Rights: Originated from Miranda v. Arizona (1966); rights read to defendants prior to interrogation.

• Protects against unlawful confessions.

Eighth Amendment

Protects against cruel and unusual punishments; excessive fines or bail.

Establishes that punishment must fit the crime.

• Death Penalty Controversies:

• Furman v. Georgia (1972) ruled against death penalty due to inhumane execution methods.

• Gregg v. Georgia (1976) allowed it to resume under federal guidelines.

• Different states have varying stances on the death penalty (e.g., some have abolished it).