U.S. Government and Civics / Unit 4: Civil Liberties and the Bill of Rights
4.4 Rights of the Accused
Notes
The 4th, 5th, 6th and 8th Amendments protect people suspected or accused of crimes.
- 4th Amendment: no unreasonable searches and seizures; warrants need probable cause.
- Exclusionary rule: illegally obtained evidence cannot be used at trial. ***Mapp v. Ohio* (1961)** applied it to the states.
- ***New Jersey v. T.L.O.* (1985): school officials need only reasonable suspicion**, not probable cause, to search a student.
- 5th Amendment: no self-incrimination, no double jeopardy (tried twice for the same crime), due process.
- ***Miranda v. Arizona* (1966)**: police must warn suspects in custody of their right to remain silent and to a lawyer before questioning.
- 6th Amendment: speedy and public trial, impartial jury, right to a lawyer. ***Gideon v. Wainwright* (1963)**: states must provide a lawyer to defendants in felony cases who cannot afford one.
- 8th Amendment: no excessive bail or fines; no cruel and unusual punishment.
Practice
Police search a home without a warrant and find evidence. A judge refuses to allow the evidence at trial. Which rule and case apply?
Mapp applied the exclusionary rule to state courts.
A man is charged with a felony but cannot afford a lawyer. The state must appoint one because of:
Gideon made the Sixth Amendment right to counsel apply to the states.
A principal searches a student's purse after a teacher sees her smoking in the bathroom. The Court has said school searches require:
New Jersey v. T.L.O. set a lower standard for schools.
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