Rights of Persons Accused of Crimes

Goals:To understand our rights as citizensTo understand how the courts uphold our rightsRights of Persons Accused of Crimes

A court order for an explanation to a judge as to why the prisoner is being heldThe Jailer must show cause for holding the prisonerIf the detention is unlawful, the judge may order the persons immediate releaseThe Writ of Habeas Corpus

Prisoners can abuse the writ, delaying execution for years by raising objection after objection (but wouldnt you?)Because of this alleged abuse, the Supreme Court has severely limited the use of habeas corpus by judgesArticle I, Section 9 provides that Congress can suspend Habeus Corpus only during times of rebellion or invasion (Civil War)The Writ of Habeas Corpus

During the Civil War, Lincoln suspended the writ of habeas corpusAfter the war, however, the Supreme Court ruled that Lincoln lacked the authority to do soLambden P. Milligan was in prison and sentenced to death by a military commission in Indiana for disloyaltyEx Parte Milligan (1866)

Milligan claimed he didnt get a fair trial, questioned the authority of the military court, and sought release through the writ of habeas corpusThe Court held that the presidential powers to suspend the writ of habeas corpus didnt apply hereTrials of civilians by presidentially created military commissions are unconstitutionalNo President since Lincoln has suspended the writ of habeas corpusEx Parte Milligan (1866)These are laws passed after an act has already been committedLets say you painted yourself up for a basketball game, but a lot of the townspeople didnt like it, so they go up to city hall and convince the city to make a ordinance that prohibits body paint at any high school gameIf the police come to arrest you for painting your body up for last Fridays game versus Roxana, they are being unconstitutionalEx Post Facto LawsThey cant arrest you for something you did that was legal at the time you did itUnless you paint your body for the next game, you cant be arrestedEx Post Facto Laws

This law declares a person or group guilty of a crime without a court trialBills of attainder are forbidden by the ConstitutionIt is the job of courts, not Congress, to decide that a person is guilty of a crime and then impose a punishmentThis would be a violation of the separation of powersBill of Attainder

People have the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizuresand no warrants shall issue, but upon probable causedescribing the pace to be searched, and the persons or things to be seized.The 4th Amendment and Limits of Investigation

Searches are considered reasonable under two circumstancesTHE POLICE HAVE A SEARCH WARRANTA search warrant is an order from a judge allowing a searchA judge can only issue it if there is probable causeOf course, the police can search if the occupant gives permissionThe 4th Amendment and Limits of InvestigationTHE INDIVIDUAL HAS BEEN LAWFULLY ARRESTEDLawful arrests include those in which a judge issued an arrest warrant, a crimes been committed in the presence of a police officer, or if an officer has probable cause to believe that an individual has committed a serious crimeThe 4th Amendment and Limits of Investigation

The Automobile ExceptionPolice dont need a warrant to search automobiles because they move and are not as private as homesThe Terry ExceptionA Terry search is a quick pat down for weapons and contraband, to determine identity, or allow time to question the suspectIf evidence is found, the officer may conduct a full searchExceptions to the Warrant Requirement

Searches Following ArrestsPolice may make a full search of all persons involved with the arrest, the areas around the arrest, and all the possessions that the suspects have at the time of their arrestThis is not an excuse for a general rummaging in order to discover incriminating evidenceSearches for EvidenceWhen probable cause allows an arrest, even if it hasnt been made yet, the police may conduct limited searches if necessary to preserve evidenceExceptions to the Warrant RequirementBorder SearchesPeople and their possessions may be searched when they cross a border of the US (also includes mail, if there is probable cause)Plain-View ExceptionEvidence in plain view of the officer may be seized with-out a warrantOfficer must be in a legal position to see the evidenceExceptions to the Warrant Requirement

Exigent CircumstancesIn urgent or critical situations, exceptions may be made to the requirement to have a warrantIf evidence is about to be destroyed because a house is burning (meth labs) or if a criminal is about to escape capture, an officer does not have adequate time to get a warrantExceptions to the Warrant Requirement