14.2 & 14.3 Rights of the Accused

When the government accuses someone of a crime...

They still have rights! Innocent until proven guilty.

Rights of the Accused

Writ of Habeas Corpus If you are arrested and put in jail, you must

be brought to trial. Can only be suspended in “areas of

rebellion” or during “invasion”

Rights of the Accused

Bills of Attainder Congress can't pass laws targeting a single

individual! Ex Post Facto Laws

Can't punish people for crimes that were legal at the time.

Rights of the Accused

Grand Juries People who decide whether someone should

be brought to trial. Can agree with attorney or conduct their own

research.

Rights of the Accused

Self-Incrimination You cannot be forced to present evidence

that hurts you. Miranda Rights

Miranda Rights

Ensuring Fair Trials

The accused have a right to get to trial. Speedy Trial

Time between arrest and trial must be reasonable.

Accused can also get out on bail during wait.

Ensuring Fair Trials

Trials are Public affairs Makes sure courts are not abusive. Allows citizens to see justice at work.

Trial by Jury.

– You get judged by your peers.

– Change of Venue • Accused can ask to have a trial in a different

community.

Ensuring Fair Punishment

- What happens if someone is found guilty?

- 8th Amendment protects people from “Cruel and Unusual Punishment”.

- What is “Cruel and Unusual”?