III. Rights of the III. Rights of the AccusedAccused

III. Rights of the III. Rights of the AccusedAccused

A. Exclusionary Rule

• Exclusionary Rule – Supreme Court ruled any evidence collected illegally cannot be used in federal court

• Police must act in good faith when requesting a warrant

• Police do not need a warrant when they see someone breaking the law

Collecting Evidence

B. Movable Evidence

• California v. Acevedo (1987) – Police do not need a search warrant to search a car that is legally stopped as long as they have probable cause to do so

• Police are not allowed to search the trunk or a locked glove compartment without a warrant

• Jay-Z references the Fourth Amendment in the song "99 Problems." A police officer pulls Jay-Z over in his car and approaches him.

The cop says: "Well, do you mind if I look around the car a little bit?" Jay-Z replies: "Well, my glove compartment is locked, so is the trunk in the back, and I know my rights, so you're going to need a warrant for that."That's the Fourth Amendment! Word to Your Mother!

C. Student Locker Searches • New Jersey V. T.L.O. - Ruled that

schools do not need warrants or probable cause to search students or their property

• Student lockers can be checked at any time

• Constitutional to bring in drug dogs to search every locker

• Court has ruled that the 4th Amendment does not apply to high school students

Good Dog

D. Guarantee of Counsel

• Counsel – An attorney• 6th Amendment guarantees a

defendant the right to an attorney • Government must provide counsel

whenever a jail sentence of 6 months or more is possible

E. Self-Incrimination• Ernesto Miranda confessed to

kidnapping and rape without being told he could remain silent or talk to a lawyer

• Miranda v. Arizona (1966) – No person may be convicted of a crime if police question them before they are informed of their rights

Miranda Rights

• 1 – Right to remain silent• 2 – Anything you say can and will be used

against you in a court of law• 3 – Have the right to attorney • 4 – If they can not afford an attorney they

will be provided with one• 5 – May end police questioning at any

time• 6 – Must be asked if you understand

these rights

F. Cruel and Unusual Punishment

• Furman v. Georgia (1972) – Court ruled that the death penalty was unconstitutional

• Discriminates against poor minorities

• Most states responded by rewriting their death penalty laws

# of People Executed from 1976-2006

Modern Capital Punishment

• Found that only 1 person for every 50,000 murders was sentence to death

• Disproportionate number of poor minorities sentenced to death

• Buy your way out of the death penalty?