The Great Balancing Act ~ The Rights of the Accused v. the Rights
of Society
Rights of the Accused
Limits on the Conduct of Police Officers and Prosecutors
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No unreasonable searches or seizures (Amend. 4)
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No arrest except on probable cause (Amend. 4)
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No forced confessions or illegal interrogation (Amend. 5)
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Upon custodial interrogation, a suspect must be informed of his/her rights
Defendant's Pretrial Rights
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Habeas corpus (Article I, Section 9)
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Legal counsel (Amend. 6)
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Reasonable bail (Amend. 8)
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Be informed of the charges (Amend. 6)
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Remain silent (Amend. 5)
Trial Rights
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Speedy, fair, and public trial before a jury (Amend. 6)
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No forced testimony (Amend. 5)
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Adequate counsel (Amend. 6)
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No cruel or unusual punishment (Amend. 8)
Appeal
of convictions
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No double jeopardy (Amend. 5)
Extending
the Rights of the Accused
Right to counsel
Betts v. Brady (1942)
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Outside of special circumstances, defendants in state trials did not have
the right to an attorney in every case.
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The 6th Amendment only applies to special cases.
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Only defendants in capital cases (life sentence or death penalty) had the
automatic right to counsel.
Gideon v. Wainwright (1963)
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Court overturned the Betts decision.
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The right to counsel is a necessity, not a luxury
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Our trials are not fair if the poor do not have the same access to representation
Suspect Rights
Miranda v. Arizona (1966)
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Custodial interrogation: questioning after a person has been taken into
custody
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When questioned while in custody, suspects must be informed of their right
to remain silent and have an attorney
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Interrogation produces a great deal of stress, and it is important for
the police to clearly inform the suspect of his 5th Amendment
right to remain silent and his 6th Amendment right to counsel
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Suspect may stop answering questions, wait until his lawyer arrives, or
waive his rights and continue answering
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If suspect waives his rights, police must clearly prove that he understood
his rights
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Police do not have to read a suspect his rights for "on the scene general
questioning" or for volunteered statements
Exceptions to the Miranda Rule
Public safety rule: need to protect public may allow statements
made by suspect even though his Miranda rights were not
read to him
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1991: a conviction is not automatically overturned if police coerced suspect
into confessing if other evidence is strong enough to warrant conviction
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1994: suspects must clearly state their desire to have an attorney present.
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Saying, "Maybe I should talk to a lawyer" is not enough
The Exclusionary Rule
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Exclusionary Rule: evidence obtained illegally cannot be used at
trial
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This forces police officers to gather evidence properly and fairly
Exceptions:
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1984: evidence obtained illegally can still be used if law enforcement
officers can prove they would have obtained the evidence legally anyway