Thinking CriticallyThinking CriticallyQuestionsQuestions

Chapter FourChapter Four

Self-IncriminationSelf-Incrimination

Should a person be allowed to Should a person be allowed to

take the “fifth?”take the “fifth?”

Does a defendant have the right Does a defendant have the right

not to take the witness stand?not to take the witness stand?

QuestionQuestion

Which of the amendments Which of the amendments

within the Bill of Rights within the Bill of Rights

do you think are the most protectivedo you think are the most protective

of the rights of the accused?of the rights of the accused?

Why?Why?

Miscarriages of JusticeMiscarriages of Justice

Do you think miscarriages of justice are Do you think miscarriages of justice are on the increase? Decrease?on the increase? Decrease?

Why or why not?Why or why not?

What have been the effects of What have been the effects of

both Miranda and the exclusionary both Miranda and the exclusionary rule?rule?

Terms to KnowTerms to Know

What is a warrant?What is a warrant?

What are searches and seizures?What are searches and seizures?

What is an arrest?What is an arrest?

What is probable cause?What is probable cause?

Due ProcessDue Process

Explain why procedural rights are Explain why procedural rights are important to those accused of crimes?important to those accused of crimes?

Police and SearchesPolice and Searches

Can police officers stop someone on Can police officers stop someone on

““mere suspicion?”mere suspicion?”

Explain the concept of “knock and Explain the concept of “knock and talk.”talk.”

Do you think this is a fair Do you think this is a fair

procedure by the police?procedure by the police?

Standards of ProofStandards of Proof

What is the difference between proof What is the difference between proof beyond a reasonable doubt and beyond a reasonable doubt and preponderance of the evidence?preponderance of the evidence?

How do these standards affect How do these standards affect

civil and criminal law?civil and criminal law?

Is absolute certainty ever required as a Is absolute certainty ever required as a standard of proof?standard of proof?

Patriot ActPatriot Act

If a significant purpose of the F.B.I. is If a significant purpose of the F.B.I. is gathering intelligence, gathering intelligence,

should they be able should they be able

to conduct wiretaps of criminal to conduct wiretaps of criminal suspects, and search private records suspects, and search private records

without a warrant and probable cause?without a warrant and probable cause?

Megan’s LawMegan’s Law

Is Megan’s Law fair to sex offenders Is Megan’s Law fair to sex offenders who have served their prison sentences who have served their prison sentences

(that is, “paid their debt to society”)?(that is, “paid their debt to society”)?

What rights does a community have to protect What rights does a community have to protect itself from known sex offenders who have itself from known sex offenders who have

released from prison?released from prison?

When the rights of an individual and the When the rights of an individual and the rights of a community conflict, whose rights rights of a community conflict, whose rights

should take precedence? Why?should take precedence? Why?