Section 3

Prevents illegal arrests & unlawful imprisonment.

Can’t be suspended EXCEPT:rebellion & public safety

(Happened once WWII)

Congress or states can’t pass such measures

A legislative act that singles out an individual or group for punishment without a trial. They cannot determine guilt.

banned today

You can’t be convicted of a crime today for something that wasn’t a crime yesterday.

Ex: law passed today regarding selling drugs can’t be applied to one who sold it before law passed.

However, retroactive civil laws are not forbidden. Ex: a law raising income tax rates could be passed in November and applied to income earned through the whole year.

16- 23 people Grand Jury hands down

Indictment Charges the accused with one

or more crimes. Not held in public Only the prosecution is present

a charge of a felony (serious crime) voted by a grand jury based upon a proposed charge, witnesses' testimony and other evidence presented by the public prosecutor (District Attorney). To bring an indictment the grand jury will not find guilt, but only the probability that a crime was committed, that the accused person did it, and that he/she should be tried.

If indicted-accused held for prosecution

If no indictment- charges dropped.

Once a person has been tried for a crime he/she cannot be tried again for same crime.

If hung jury no jeopardy

A person can also violate a state and federal law in a single act. Selling narcotics 2 separate trials- 1 state and 1 federal

Not double jeopardy

A jury that is unable to reach a verdict which, if it persists, usually results in a mistrial being declared by the court.

In such a situation the case may be retried, generally at the discretion of the prosecution if criminal. In such a situation a retrial does not constitute double jeopardy.

From time of arrest to trial can’t be more than 100 days.

Exceptions-such as mental tests, key witness ill

Tried in public within reason

Accused tried by an impartial jury

Defendant may waive right to a jury trial- bench trial

informed of the nature & cause of accusation

confronted w/ witnesses against him & question them in open court.

Obtain witnesses in accused favor.

Assistance of counsel for his defense.

Intended to prevent cards from being stacked in favor of prosecution.

Pleading the 5th. Defendant does not have

to prove innocence. A person can’t be forced to

confess.

Before police can question suspects, those persons must be read their rights.

This comes from S.C. ruling Miranda vs. Arizona.

http://www.youtube.com/watch?v=CGOyzAaD_MI

“ You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you? ”

“puts criminals back on streets” Texas v. Cobb, 2001

Protects citizen’s rights