Rights of the Accused
True or False: A state prosecuting an individual means that the federal government can not prosecute that individual for the same crime for violating federal law.
False, with this precedent being upheld as recently as 2022 with Denezpi v. United States.
Terry v. Ohio (1968) saw the U.S. Supreme Court rule in favor of the state because of reasonable search and seizure of a firearm, due to the officer in question not violating this principle of the 4th Amendment
Unreasonable search and seizure.
What rights does the 5th amendment guarantee?
The right to remain silent and right to an attorney durning an interrogation while in police custody.
According to the outcome of Betts v. Brady (1942) what did the Supreme Court establish regarding defendants who could not afford an attorney?
In noncapital cases those who could not afford an attorney were not entitled to a public defender.
What did the Escobedo rule establish?
That any person being interrogated has the right to an attorney and the failure to warn the suspect of their rights to remain silent and right to an attorney is considered a violation of the 6th amendment.
The 4th Amendment to the U.S. Constitution has two clauses, what does one of these clauses mandate?
Individuals may not be subject to unreasonable search or seizure.
or
No warrants may be issued without probable cause.
When police found obscene materials in Dollree Mapp's home, she appealed her case, Mapp v. Ohio (1961), to the U.S. Supreme Court based on her ______, with the court ruling in her favor rather based on the use of ______.
Freedom of expression; illegally obtained evidence
Failure of law enforcement issuing a _______ is a violation of what these rights: the right to _______ and the right to _______
Miranda warning; remain silent; an attorney
In Powell v. Alabama why was the due process clause of the 14th amendment violated in the trials?
The defendants in the trials were not efficiently represented by their government appointed attorneys.
Partially sharing the name of this game, what term prevents the accused from being tried twice for the same offense?
Double Jeopardy.
When you plead the 5th, you are invoking which protection of the Amendment?
Pleading the 5th invokes the right that "No person ... shall be compelled in any criminal case to be a witness against himself."
After Williams murdered a 10-year-old girl and hid her body, he was questioned by the police, to which he responded with information aiding in her discovery, Williams appealed his case to the U.S. Supreme Court. The court ruled 7-2 in whose favor in the 1984 case of Nix v. Williams (1984)?
The Supreme Court ruled in Williams' favor based off of the inevitable discovery doctrine.
Aa type of statement police must give to a suspect before they can be questioned. The statement is to inform them of their rights.
A Miranda warning
The Escobedo Rule was defined in which case?
Escobedo v. Illinois helped the Supreme Court define the Escobedo rule to makes sure a suspect being questioned is not denied council.
What is a Miranda warning and what Supreme Court case did it come from?
A Miranda warning is what the police must tell a suspect before he/she is questioned. This informs the suspect of their rights to remain silent and to have an attorney present while being questioned. This came from the case Miranda v. Arizona.
The 6th Amendment to the U.S. Constitution ensures that the accused may have an attorney as well as access to the "compulsory process to obtain" what for their trial?
Witnesses.
What major stipulation did the court determine as an outcome of the case of United States v. Leon (1984) which ultimately led to the court siding 6-3 with the United States?
The Exclusionary Rule is a remedy, not a right. Officers who have carried out a warrant which was mistakenly issued can still use the evidence obtained in court.
What must law enforcement say when giving a Miranda warning?
"You have the right to remain silent and right to an attorney".
What case did the Supreme Court rule that in state trials anyone who is not able to afford an attorney has the right for the government to provide them with a public defender? This decision also overturned the outcome in which previous Supreme Court case?
Gideon v. Wainwright established that all persons unable to afford an attorney in a state trial had the right to a public defender. This overturned the ruling in Betts v. Brady.
After the U.S. Supreme Court Case of Mapp v. Ohio, illegally obtained evidence became inadmissible. What does inadmissible mean?
It can not be used in court.
The 5th Amendment states that no individual may be deprived of ______, ______, nor ______ without due process of law.
What is life; liberty; property?
In the 1949 case of Wolf v. Colorado, Dr. Wolf was tried and convicted (alongside his two patients) of conspiracy to perform an abortion. In Wolf's argument, his lawyers argued that his codefendants' cases should be invalid due to illegally obtained evidence. Why was Colorado ultimately allowed to use the illegally obtained evidence?
Limits on unreasonable search and seizure should be enforced by "the internal discipline of the police, under the eyes of an alert public opinion."
In Miranda v. Arizona (1966) a violation of Miranda's 5th amendment rights were questioned. What did law enforcement not do in order to have the Supreme Court rule that Miranda's 5th amendment rights were in fact violated?
Law enforcement failed to inform Miranda of his right to remain silent and right to have an attorney present while being questioned.
The rule that states when an investigation focuses on a specific suspect that person has the right to an attorney. It also states that if a person has been arrested and have not been warned of his/her right to remain silent or request an attorney than the suspect's right to council has violated the 6th amendment.
The Escobedo rule
In the majority opinion of the U.S. Supreme Court in the ruling on United States v. Leon (1984), this key principle is, at its core, a deterrent against illegal police conduct. What is this key principle for the rights of the accused?
The Exclusionary Rule.