RIGHTS OF THE ACCUSED It is better to allow 10 guilty men to go free than to punish a single innocent man.
HABEAS CORPUS A writ of habeas corpus is a court order directing officials holding a prisoner to show cause why he or she should not be released This right can be suspended ONLY under circumstances of
BILLS OF ATTAINDER The Constitution bans bills of attainder legislative acts that inflict punishment without a court trial This protects individual liberty
EX POST FACTO LAWS The Constitution bans ex post facto laws that is criminal laws that provide punishment of a crime committed before the law was
THE GRAND JURY In order to charge a person with a serious crime, a federal prosecutor must obtain a true bill of indictment from a grand jury This allows the case to go to trial
DOUBLE JEOPARDY This is a guarantee that a person may not be tried twice for the same crime A hung-jury does not count as jeopardy This is for criminal cases civil cases may be appealed A person may be tried
A SPEEDY AND PUBLIC TRIAL Speedy Trial 6th Amendment requires a person be given a prompt trial most often 100 days from arrest Public Trial this ight i b l g t
TRIAL BY JURY Right to a trial by an impartial jury and a unanimous verdict is usually required for conviction. Defendants may waive this right No person may be deliberately excluded from a jury on such
RIGHTS TO AN ADEQUATE DEFENSE: Persons accused of crimes have the right to be informed of the charges against them Right to confront witnesses against and compel defense witnesses to testify Right to legal counsel
SELF-INCRIMINATION A person may not be compelled to give testimony against himself. The burden of proof is on the prosecution Coerced confessions can not be used The Miranda Rule states that police
Bail and Preventative Detention Bail is a sum of money that the accused may be required to deposit with the court as a guarantee that he or she will appear in court. The Constitution does not guarantee that all accused persons are entitled to bail, just that the amount of the bail cannot be excessive. 1 2 3 Preventive detention is a law that allows federal judges to order that accused felons be held without bail if there is a danger that the person will commit another crime if released. Chapter 20, Section 4
Cruel and Unusual Punishment The 8th Amendment also forbids cruel and unusual punishment. The Supreme Court extended the provision to the States in Robinson v. California,, 1962. The 8th Amendment is intended to prevent, in the Court s s opinion, barbaric tortures such as drawing and quartering and other excessively cruel punishments. A prison inmate could not be denied medical care. However, generally the Court has not found many punishments to be cruel and unusual. 1 2 3 Chapter 20, Section 4
Capital Punishment Capital punishment, or the death penalty, is hotly debated under the 8th Amendment. The Supreme Court voided capital punishment laws in the early 1970s because it law provided for a two felt that the punishment was applied capriciously to only a few convicts, often African American victim died. or poor or both. Despite these decisions, debate still surrounds the issue. 1 2 3 However, in 1976, the Court held for the first time that a new law which instituted the death penalty was NOT unconstitutional. The new law provided for a two-stage trial process. One trial would determine guilt or innocence, and a second hearing would decide whether the death penalty was warranted. The Court later restricted the use of the death penalty to cases where the Chapter 20, Section 4
Treason Treason is the only crime defined in the Constitution. Treason is: 1. Levying war against the United States or 2. Giving aid and comfort to the enemies of the United States. 1 2 3 A person can only commit treason in times of war, and it is punishable by the death penalty. Other related acts, such as sabotage or espionage, can be committed in peacetime. John Brown, who was hanged as a traitor to Virginia because of his raid on Harper s s Ferry, is the only person ever to be executed for treason against a State. Chapter 20, Section 4