14.2 & 14.3 Rights of the Accused
When the government accuses someone of a crime...
They still have rights! Innocent until proven guilty.
Rights of the Accused
Writ of Habeas Corpus If you are arrested and put in jail, you must
be brought to trial. Can only be suspended in “areas of
rebellion” or during “invasion”
Rights of the Accused
Bills of Attainder Congress can't pass laws targeting a single
individual! Ex Post Facto Laws
Can't punish people for crimes that were legal at the time.
Rights of the Accused
Grand Juries People who decide whether someone should
be brought to trial. Can agree with attorney or conduct their own
research.
Rights of the Accused
Self-Incrimination You cannot be forced to present evidence
that hurts you. Miranda Rights
Miranda Rights
Ensuring Fair Trials
The accused have a right to get to trial. Speedy Trial
Time between arrest and trial must be reasonable.
Accused can also get out on bail during wait.
Ensuring Fair Trials
Trials are Public affairs Makes sure courts are not abusive. Allows citizens to see justice at work.
Trial by Jury.
– You get judged by your peers.
– Change of Venue • Accused can ask to have a trial in a different
community.
Ensuring Fair Punishment
- What happens if someone is found guilty?
- 8th Amendment protects people from “Cruel and Unusual Punishment”.
- What is “Cruel and Unusual”?