Lesson 4.2 More Rights of the Accused Thursday, May 8

​C – 4.1.2 Using the Fourth, Fifth, Sixth, and Eighth Amendments, describe the rights of the accused; using court cases and examples, describe the limit and scope of these rights.

​The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

​No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

​In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

​Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Exclusionary Rule

• ​This rule holds that if police violate your constitutional rights in order to obtain evidence, they cannot use that evidence against you.

​In Malloy v. Hogan, the U.S. Supreme Court rules that the Fifth Amendment’s right against self-incrimination, which historically applies only to witnesses in federal trials, also protects individuals testifying in state court.

​In Miranda v. Arizona, the U.S. Supreme Court rules that the Fifth Amendment right against self-incrimination is not limited to in-court testimony, but also applies when a person is taken into police custody for questioning. The Court also rules that criminal suspects must be told of their Sixth Amendment right to an attorney. Once a person “indicates in any manner that he does not wish to be interrogated,” the police must stop asking questions – even if the person has answered questions up to that point, the Court says.

Charged with breaking and entering into a Panama City, Florida, pool hall, Clarence Earl Gideon Gideon, was denied his request that an attorney be appointed to represent him. The Supreme Court reversed his conviction, holding that defense counsel is "fundamental and essential" to a fair trial.

In Ingraham v. Wright, the U.S. Supreme Court refuses to find that the Eighth Amendment bars punishment of schoolchildren by “paddling.” Based on the amendment’s history and its language, the Court concludes that the amendment applies only to punishment of criminal offenses, not civil offenses such as breaking school rules.