Crime and Due Process

Crime and Due Process •There is always a question as to how we

should deal with “improper evidence” in the courtroom; different nations approach the question in different ways -Most nations let all evidence into trial, later

punishing any police misconduct -United States excludes improperly obtained

evidence from trial

The Exclusionary Rule

Definition: Evidence gathered in violation of the Constitution cannot be used in trial

-Implements the Fourth Amendment (freedom from unreasonable searches and seizures) and the Fifth Amendment (protection against self incrimination)

Mapp v. Ohio (1961) Supreme Court began to use the

exclusionary rule to enforce a variety of constitutional guarantees

Search and Seizure

•Fourth Amendment - protects against unreasonable search and seizure

•Reasonable Searches: ▫Made with a WARRANT

Order from a judge authorizing the search including specific times and location

In AFFIDAVIT, police officer must convince just of PROBABLE CAUSE

Search and Seizure

• What can the police search, incident to a lawful arrest?-The individual being arrested-Things in plain view-Things or places under the immediate control of the

individual

• What about an arrest of someone in a car?-Answer changes almost yearly-Recent cases have allowed the police to do more

searching

Court attempts to protect a “reasonable expectation of privacy”

Search and Seizure

•Warrant Exceptions ▫Incident to an arrest ▫Consent ▫Plain View▫Emergency Situations ▫Border /Airport Searches▫Hot Pursuit▫Stop and Frisk ▫Vehicle Searches

Confessions and Self-Incrimination

•Fifth Amendment – protects against self-incrimination (“Plead the Fifth”)

•Ban initially meant to prevent torture or coercion; has since expanded to protect people who are unaware of their rights ▫Miranda v. Arizona

(Miranda Rights also cover the Sixth Amendment’s protection of right to counsel)

Due Process•Due process is always a balancing act

between the rights of the accused and the rights of society

•Warren Court of the 1960s greatly expanded the rights of the accused, to much criticism

Right to Privacy

•Not specifically mentioned in the Constitution, but assumed through the Fourth and Ninth Amendments ▫Abortion?▫Right to die?