Rights of the Accused

Rights of the Accused

Review

Multiple Choice

What amendment discusses one's right to bear arms?

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Multiple Choice

Between what 2 words does the SC break the 2nd Amendment into 2 distinct ideas?

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

• Militia, being

• State, the

• Arms, shall

• shall, not

Multiple Choice

“As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban [by the District of Columbia] amounts to a prohibition of an entire class of ‘arms’ that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights. . . banning from the home ‘the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family, . . .would fail constitutional muster.’”

-Associate Justice Antonin Scalia, majority opinion in District of Columbia v. Heller (2008)

Which of the following statements is most consistent with the author’s argument in this passage?

• The 2nd Amend. protects a person’s right to own a gun from government infringement

• The 2nd Amend. states that the govt can only ban an entire class of weapons

• The 2nd Amen. doesn't protect a person’s right to have a weapon for self-defense

• The 2nd Amend. states that the government can't ban the sale of any weapon to any person

Multiple Choice

“The Second Amendment was adopted to protect the right of the people of each of the several States to maintain a well-regulated militia. It was a response to concerns raised during the ratification of the Constitution that the power of Congress to disarm the state militias and create a national standing army posed an intolerable threat to the sovereignty of the several States. Neither the text of the Amendment nor the arguments advanced by its proponents evidenced the slightest interest in limiting any legislature’s authority to regulate private civilian uses of firearms. Specifically, there is no indication that the Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.”

Associate Justice John Paul Stevens, dissenting opinion in District of Columbia v. Heller (2008)

People who disagree with Stevens’s view on the rights protected under the Second Amendment could cite which of the following Supreme Court cases to support their argument?

• Engel v. Vitale (1961)

• Shaw v. Reno (1993)

• Tinker v. Des Moines (1973)

• McDonald v. Chicago (2010)

Multiple Choice

Which of the following best describes the message of the GIF?

• The SC’s recent interpretations of the 2nd Amend. reflect a commitment to individual liberty

• The SC has heard cases about the 2nd Amend. and chosen not to protect gun rights against state laws

• The SC’s recent interpretations of the 2nd Amend. supports militia gun rights only

• The SC’s recent interpretations of the 2nd Amend. reflect a commitment to order

Learning Objectives

• Be able to summarize the protections afforded to American citizens via the 4,5,6, & 8th amendments

• Be able to describe at least two public safety exceptions upheld by federal Courts in regards to the 4,5, & 6th Amendments

• Defines key vocabulary terms: Exclusionary Rule, Plain Sight, Miranda Warnings

• Be able to summarize what individual rights were protected from the states in the SC Cases: Mapp v Ohio, Miranda v. Arizona, & Gideon v. Wainwright

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Learning Objectives Part 2

• Be able to describe the intent of the Patriot Act & at least two controversial aspects in the bill. (Article)

• Be able to describe two arguments used against the Patriot Act & NSA Bulk Collection of Data (Cato Video)

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Constitutional Amendments

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• 5

• 6

• 7

• 8

4th Amendment: Protection Against Unreasonable Search and seizure

a.     It requires that warrants be issued only when probable cause supports it and that the warrant must state the particular person and place to be searched. (NSA: Collection of bulk data)

b.    Law enforcement officials must present evidence to a judge showing the probable cause that the individual is involved in a crime or may be involved in a future crime.

c.     It also requires that the warrant specifically list the items that officials may search for and seize.

d.    The Fourth Amendment demands that government officials go beyond simple suspicion and balance citizen rights with proper enforcement of laws.

5th Amendment: Due Process

a.     One of the most important safeguards is protection from self-incrimination. Also known as “the right to remain silent,” this protection prevents the government from forcing an individual to offer up evidence against himself. A person may refuse to answer police questions that might make one seem guilty, and, at trial, one cannot be required to take the stand and testify under oath.

b.    The Fifth Amendment also provides a guarantee that the government cannot endlessly try an accused individual for the same crime, also known as double jeopardy. Without a ban on double jeopardy, the government could just keep trying an individual over and over using its vast resources until it got the verdict it wanted.

6th Amendment: guarantees the rights of criminal defendants

a.     The Sixth Amendment guarantees a jury trial for all individuals accused of a criminal offense.

b.    Trials must be speedy, public, and be held in the location where the alleged crime took place.

c.     It also requires that citizen juries, not a judge, determine the guilt or innocence of the accused. (This protection is also in the body of the Constitution.)

d. Accused individuals have a right to know the specific crime(s) for which they are being tried, to examine all evidence the government has against them, to confront their accuser(s), to call witnesses in their defense, and to have a lawyer to assist in their defense

8th Amendment: Protection Against Cruel & Unusual Punishment

a.     Eighth Amendment requires that fines and penalties for guilty persons not be excessive. Most people understand this as the principle that the punishment must fit the crime.

b.    Perhaps more challenging to define is the Eighth Amendment’s requirement that no “cruel and unusual punishments” be imposed upon guilty individuals.

Exceptions to the Rule

Public Safety Exceptions (Pt.1)

4^th (Searches without warrant): Consent, At the time of arrest, Plain view, Automobile (in reach), Hot pursuit (suspect enters a property while on the run), Life threatening event (officer can enter property and plain view is in view),

5^th: Public safety exception (don’t need to mirandize. For example: location of a bomb),

Public Safety Exceptions Pt. 2

6^th: If a knowledgeable witness is unavailable at the time of trial, for example, a previous statement will be allowed into evidence, so long as the witness made it under conditions that were similar to those at trial (for example, if the statement was made under oath), Defendants also may be prevented from confronting witnesses against them when the well-being of the witness is at issue. For example, child witnesses may be allowed to testify in the judge’s chambers rather than in open court.

The Exclusionary Rule (4th)

Relevant Court Cases: decisions of the SC to prevent states from enacting laws that violate some of the basic constitutional rights of American citizens

4^th: Mapp v. Ohio (Exclusionary Rule)

5^th: Miranda v. Arizona (Informed of Rights)

6^th: Gideon v. Wainwright (Right to counsel)

Review

Open Ended

When discussing the Rights of the Accused, what specific constitutional amendments apply?

Open Ended

Describe 1 public safety exemption upheld by the courts.

Open Ended

Define the "Exclusionary Rule"

Open Ended

What specific right was protected from state infringement via the Mapp v. Ohio case

Open Ended

What specific right was protected from state infringement via the Miranda v. Arizona Case

Open Ended

What specific right was protected from state infringement via the Gideon v. Wainwright case?

Poll

After today's lesson, I feel...

• Comfortable with the learning objectives and need no additional help

• Somewhat comfortable with the learning objectives and need no additional help

• Not comfortable at all with the learning objectives

Multiple Choice

According to Kelloggs, what is the most popular selling Pop Tart

• Blueberry

• Frosted Brown Sugar

• Chocolate fudge

• Strawberry

The End