CONSTITUTIONAL LAWThe Rights of the Accused and Constitutional Law

Chapter 15.3

Where do our Rights Originate?

•English Common Law and the dual US Court system• Precedents • Stare decisis

•US Constitution• Article I, section 9 rights• Due Process: Legal procedures guaranteed to all

• 5th Amendment guarantees federal due process; the 14th Amendment incorporates this right in the states

4th Amendment

• What does the 4th Amendment protect citizens from?

• What does it take to get a search warrant?• What case incorporated this right to states?• Why is the exclusionary rule important?

• Define• Discuss examples• Discuss exceptions

5th Amendment

• This amendment is one of the most important to the rights of the accused:• Due Process defined and guaranteed• No self-incrimination• Right to a grand jury• No double jeopardy

• What case incorporated the right to remain silent to states?

• Why is this important?

6th Amendment

• What legal rights are found in the 6th Amendment?• Right to a speedy, public trial

• Find an impartial jury• (Klopfer v. NC)

• Right to an attorney• What case incorporated this right to states?

• Right to use and face witnesses• Why is this important• How does the court get people to appear?

• Right to know your charges

8th Amendment

•What rights are guaranteed under the 8th Amendment?• Right to reasonable bail

• Define and discuss

• Right to reasonable fines• Right to not be subjected to cruel and unusual punishments?• Discuss debate surrounding the issue of capital punishment and methods

Extension of the Issues

•Complete the questions for p. 49.•Get into philosophical chairs to debate.

•Wrap up with review.