Unit 4B Assignments

Rights of the Accused

Reading the following and answer the questions that follow.

When a person is accused of a crime they are entitled to certain procedural due process rights outlined in the Bill of Rights and 14^th Amendment.  These rights are included in the 4^th, 5^th, 6^th and 8^th Amendments. 

The 4^th Amendment outlines protections against unreasonable searches and seizures.  For the government to search a person or property it must first have probable cause.  A warrant is usually necessary to search a home or property.  If the police search a home or property without a warrant, if the warrant was based on misleading information, if it includes misinformation, and/or is executed (carried out) improperly the evidenced seized using that warrant may be thrown out in court.  There are some basic exceptions to the warrant rule:  search incident to arrest – once a person is placed under arrest the police may search that person; exigent circumstances – the evidence will disappear if the officer does not go in and seize it immediately, plain view – the evidence is left out where there is no expectation of privacy, abandonment – if you don’t claim it they can search it. 

Students have fewer rights when it comes to searches in schools.  Because the school acts in loco parentis – in place of the parent, and there is a special need to keep order within the educational setting, school officials have a much broader power to search students.  These searches may include a student’s locker (the locker is school property not the student’s), random searches using drug and bomb sniffing dogs, drug testing of student athletes, as well as searching your private property (hand bags, cell phones, ipods, book bags) with reasonable suspicion.  The key case that established search criteria for schools was New Jersey v. TLO.  A young woman was caught smoking in the bathroom.  She was taken to the Assistant Principal’s office, where he searched her purse and found rolling papers, a list of names notated with amounts of money owed, and a good deal of money.  The student was suspended.  The student contended that the search was unconstitutional because there was no probable cause; however the Supreme Court disagreed and upheld the power of the school to search students without a warrant.                                   

The 5^th Amendment is known as the rights of the accused amendment and provides for protections against self-incrimination and double jeopardy, as well as the right to a grand jury in major federal crimes (some states also use grand juries).  Self-incrimination means that the police cannot require a person to give a confession, nor can anyone be compelled to take the stand during their own trial.  Once a person has been found not guilty and acquitted of the charges that person is free to go even if new evidence appears that would convict him/her.  Only when the jury does not acquit, but instead is hung can a mistrial be declared and a new trial takes place.  Grand jury protection for “infamous crimes” was included to keep the government from charging a person with a major crime with little or no evidence.  Grand juries are larger than petit juries – grand juries have 23 jurors in Maryland and petit juries have 12 (for criminal cases).  The purpose of the grand jury is to review evidence that the state has against a defendant and decide if there is enough for the state to bring charges.  Witnesses are called and evidence is introduced by the state, but this is not a trial of guilt or innocence.  If it appears that the state has enough evidence to go to trial, then an indictment will be handed down which provides for formal charges to be brought against a defendant.  The final protection in the 5^th amendment is that of due process -- life, liberty and property cannot be taken away without due process of the law – the government must follow all the procedures outlined in these amendments before any natural rights can be taken away.  Miranda v. Arizona is the most important case to define proper police procedures, because of this case police officers must inform individuals of their rights before taking any statements that can be used in court.

The 6^th Amendment provides for protections during a trial.  All defendants have the right to a jury trial, but this right may be waived by the accused.  Defendants also have the right to counsel, though defendants may act on their own behalf.  Fair, public and speedy trial, as well as being able to call witnesses, and cross examine witnesses is also required by this amendment.  Sometimes due to intense media coverage it can be difficult to ensure a fair trial because most people in the area who would serve on the jury already know about the case and may be biased.  Often the trial will be moved to another location.  The most important 6^th Amendment case was Gideon v. Wainwright.  Gideon was a poor defendant accused of a petty crime.  He could not afford a lawyer and the state of Florida refused to grant one because it was not a major offense. The Supreme Court ruled that all defendants regardless of the crime have the right to counsel (lawyer) and for those who cannot afford one the state must provide counsel. They ordered the state of Florida to provide Gideon with three of the best defense attorneys. He was found not guilty.

The 8^th Amendment covers both the beginning and end of the arrest and trial process.  In the 8^th amendment there are protections against excessive fines or bails – the fine and/or bail must fit the crime.  Cruel or unusual punishment is also prohibited.  Though what is cruel and unusual was not defined in the amendment causing a great amount of debate over practices such as the death penalty.

Identifying Due Process Violations

Directions:  Read each statement and decide if it is a violation of Due Process.  Write yes if it is a violation or no if it is not.

1.   _____ You are arrested and not read your rights before you confess to the crime.

2.   _____ A state requires your car to be inspected once a year.

3.   _____ A state eliminates representation (lawyers) for defendants (people on trial).

4.   _____ The government takes your house to build a school and gives you fair market value.

5.   _____ A state forbids a teacher from practicing without a license.

6.   _____ A state requires all children in school to be vaccinated for chicken pox.

7.   _____ A student is suspended from school without a hearing.

8.   _____ A judge denies you a jury trial even though you ask for one.

9.   _____ The US government interned Japanese Americans in camps during WWII for national security purposes.

10. _____ The government has been wiretapping suspected terrorists who are American citizens, without a warrant.

END OF ASSIGNMENT

Applying the Rights of the Accused : Unit 4B (amendments 4, 5, 6, 8)

Directions:  Read each of the following situations below.  Write the Amendment number and list the right violated for

each question. You do not need to write in complete sentences. (example:  6^th amendment- right to a trial by jury)

1.  John Q. Citizen and his daughter were at home watching television when all of a sudden two or three police officers broke down their door, ordered everyone out, and began searching for a suspected criminal.

2.  Susie Q Citizen was arrested and put on trial for car theft. The judge refused to let her have a lawyer.

3.  Jane and her brother Steve had a party to celebrate the end of school. The noise at the party got very loud and the police arrested Jane and Steve for disturbing the peace. At their trial they were sent to prison for a year.

4.  Two women were arrested for shoplifting a purse that cost $75. The judge sentenced both to ten years in prison.

5.  Jack was being tried for armed robbery. During the course of the trial, the judge asked Jack to explain exactly where he was at the time of the crime. He refused to answer the question. The judge held that Jack was in contempt of court. 

END OF ASSIGNMENT

Criminal vs. Civil Law
Read the following and answer the questions that follow.

Civil Law can be defined as a dispute between two or more parties, usually involving contracts (an agreement between two or more parties), property, family (divorce and child custody) or torts (suing for negligence). The person filing the suit is known as the plaintiff or complainant, and the person the suit is filed against is the defendant or respondent.   Because the punishment in most civil cases is money or loss of property, the burden of proof is much lower.  A preponderance of the evidence is all that is needed to find a person liable (at fault, guilty) in under civil law.  This simply means that evidence supports that the person is responsible for the act.  Most civil law cases are settled out of court through the use of a mediator who negotiates a settlement between the parties.

Criminal law involves crimes against the state; these can include both misdemeanors (traffic tickets, shoplifting and other minor offenses) or felonies (robbery, arson, murder, drunk driving, assault and many others that are major offenses).  Under criminal law the charges are brought by the state that is represented in court by the prosecutor.  Charges are brought against a defendant.  Because the punishment in criminal cases can result in the loss of life, liberty or property the burden of proof is much higher than that of a civil case.  In a criminal case the jury (panel of citizens who listen to a case and decide on a verdict) must unanimously find that the person is guilty beyond a reasonable doubt – this means that the jury is very sure the person committed the crime.  Often times these cases are plead down in order to save time and money.  In a plea bargain a defendant may admit to guilt in exchange for lesser charges or a reduced sentence.  Both Civil and Criminal Law provide for a jury trial if the defendant chooses.

Part I.  Directions:  Use your knowledge of Criminal & Civil law to complete the chart.

Criminal	VS.	Civil
	Description/Types of Cases
	Who Brings the Case?
	Who is the Case Brought Against?
	What is the Burden of Proof?
	Punishments
	Mostly Resolved How?

Part II.  Directions:  Read each item.  Check whether it is a civil or criminal case.  In the last column:  if it is a criminal offense write whether it is a felony or misdemeanor; if it is a civil offense identify which type:  contract, tort, family or property.

Scenario	Civil	Criminal	Specific Type
1.    Someone robbed the 7-11 down the street from your house.
2.    Someone was harmed in a motorcycle accident and is suing for damages.
3.    The neighbors are getting a divorce.
4.    Your Aunt goes to court to ask for custody of her child.
5.    Gets caught selling pirated movies.
6.    You slip and fall at the grocery store.
7.    A CIA officer commits treason.
8.    The builder who you have contracted with fails to build your house.
9.    A driver runs a red light and kills someone.
10.  You get a speeding ticket.
11.  A student sends harassing and threatening messages to your girlfriend/boyfriend through the internet.
12.  You call in a bomb threat to the school.
13.  Some kids in your neighborhood vandalize the park.
14.  A friend steals your Xbox and games valued at more than $500.
15.  A witness lies on the stand during a trial.

END OF ASSIGNMENT

Complete the terms, as seen on page 565 of your books

Due Process: 

 Procedural Due Process:

Substantive Due Process:

5th Amendment:

14th amendment :

Describe a court case involving each of the following terms below (565-567)

•       Procedural Due Process-

•       Substantive Due Process-

•       Right of Privacy-

Terms

•       Police Power: Power to protect and promote the public health, safety, morals, and general welfare.

•       Search Warrant: Court order to give police authority to search a suspect’s house (4^th amendment)

Uses of the Police Power (page 566-568) Complete this chart in your notebooks

State’s Duty to Protect	Examples
Health
Safety
Morals
General welfare

Handout: Civil Rights--Please read

The 13^th Amendment

Section 1: Involuntary Servitude

•       Forced labor is outlawed under 13^th amendment

•       Draft, prison terms, or mandatory community service does not fall under forced labor

Section 2: Racial discrimination

•       Civil Rights Act of 1866 passed to prevent discrimination based on ethnicity

•       Congress could/did not do much to enforce these laws

•       1968: Jones v. Mayer made it a crime for businesses and other institutions to discriminate against persons based on ethnicity

Amendments

•       2^nd: Right to bear arms

•       3^rd: Forbids forced quartering of troops

•       4^th: Prevents writ of assistance (blanket search warrants where British officials invaded colonists’ private homes looking for smuggled goods)

New Jersey v. TLO

•       Supreme Court case that ruled public school officials could search student property for evidence of wrongdoing without probable cause

Miranda v. Arizona

•       Supreme Court Case that held a person in police custody cannot be questioned unless told of his rights

•       Hence: The Miranda Rights

Gideon v. Wainwright

•       Gideon v. Wainwright:  (1963), is a landmark case in United States Supreme Court history. In it the Supreme Court unanimously ruled that state courts are required under the Fourteenth Amendment to the U.S. Constitution to provide counsel in criminal cases to represent defendants who are unable to afford to pay their own attorneys. The case extended the identical requirement that had been explicitly imposed on federal courts under the Fifth Amendment and Sixth Amendment.

 END OF ASSIGNMENT