Rights of Criminal Defendants

1
Rights of Criminal Defendants

• The 4th, 5th, and 6th Amendments

2
Film

• Wed., April 18, 2007
• 700 p.m.
• Wooten 116

3
Why Do We Protect the Rights of Criminals?

• To make us all feel more secure in our persons,
  property, and communications
• The guarantees of the 4th, 5th, and 6th
  Amendments are litigated in context of criminal
  trials, but we all enjoy these rights

4
Fourth Amendment

• Search involves invading the privacy of your
  domain or your person
• Searching your home, property, or automobile
• Taking your blood, urine, or DNA for testing
• Listening to your phone conversations
• Seizure involves taking control over your person
  or property
• Taking assets or personal property
• Physically detaining you (including arrest)

5
What Is Unreasonable?

• Reasonable expectation of privacy often the
  touchstone
• Effect of changing technology
• Officers can search with probable cause
• Obtaining a warrant
• Exigent circumstances

6
Incentive for Abiding by Fourth Amendment

• Exclusionary rule Mapp v. Ohio (1961)
• Fruit of the poisonous tree

7
Fifth Amendment

• Grand juries
• Not incorporated only applies to federal
  government
• Double jeopardy
• The movie is WRONG
• Self-incrimination
• Miranda v. Arizona (1966)
• Coerced confessions

8
Sixth Amendment
Johnson v. Zerbst (1938) all federal cases
Gideon v. Wainwright (1963) all state criminal
cases
Powell v. Alabama (1932) states, capital case
Betts v. Brady (1942) states, non-capital only
in cases of illiteracy, stupidity, or complex
trials
9
Sixth Amendment

• Right to counsel Gideon v. Wainright (1963)
• Counsel must provide zealous and effective
  defense
• Includes the (qualified) right to investigators
  and experts
• Whenever you risk imprisonment
• Conversely, guarantees the right to represent
  yourself