RIGHTS

OF

THE A

CCUSED

I. OVERVIEW

A. Due Process: The government, in whatever it does, must act fairly and follow established rules.

1. 5th Amendment: The federal government cannot deprive any person of “life, liberty, or property without due process of law.”

2. 14th Amendment: Places the same restriction on the states and on their local governments.

B. Procedural vs. Substantive Due Process (5th Amendment)

1. Procedural Due Process: The way a law is administered must be fair.

How (methods)

2. Substantive Due Process: The laws must be fair.

What (policies/Laws)

II. ARREST

A. Two Ways

1. Arrest warrant

2. No warrant – must have probable cause

B. Probable Cause

1. No exact formula – police judgment

2. More than a mere hunch-Some facts must be present

3. Less evidence than is necessary to prove a person guilty at trial.

III. REASONABLE SUSPICION

Reasonable Suspicion: Based on less evidence than probable cause. (School)

Schools only need reasonable suspicion, not probable cause to search a student. In other words, if a school official believes that a search will turn up evidence that a student is violating either school rules or the law.

V. 4TH AMENDMENT

4th Amendment: Forbids the government from conducting unreasonable searches and seizures.

1. The 4th amendment does not give citizens an absolute right to privacy, and it does not prohibit all searches.

2. An individual’s reasonable expectation of privacy must be balanced against the government’s need to gather information.

VI. EXCLUSIONARY RULE

Exclusionary Rule: If a court finds that evidence from a search was obtained illegally, the evidence cannot be used in court.

1. This does not mean that the defendant cannot be tried or convicted, just that the evidence seized from an illegal search cannot be used.

2. It is up to the courts to decide if the evidence was legally obtained.

VII. INTERROGATIONS AND CONFESSIONSFifth Amendment: Provides citizens with the right

against

self-incrimination.

-Cannot be forced to testify against self

-Government bears the burden of proof

-Confessions must be voluntary