Constitutional Rights Before a trial Fourth Amendment protects

Constitutional Rights Before a trial • Fourth Amendment protects from unreasonable searches and seizures – Need of evidence to prosecute – Search warrants • Official legal document from a judge • Must be based on probable cause • What and where to look

• Exclusionary Rule – Rule that forbids the introduction of evidence obtained illegally into a trial – Does not necessarily prevent arrest

• Special issues: – Schools need reasonable suspicion but not a warrant – Fixed-point searches can be done without any pre-suspicion – Racial profiling is inappropriate in most cases

• Interrogations: – Standard, formal, fair questioning after an arrest – Individuals have 5 th amendment protection – Individuals have the right to “counsel”

• Miranda Rights – Right to remain silent – Right to the presence of an attorney (hired or appointed)

Constitutional rights during a trial • Presumption of innocence – The defendant in a case must be considered innocent until the government proves he or she is guilty – Each element of the crime must be proven beyond a reasonable doubt

• Right to a jury – Citizens from the community in which the trial is taking place – Chosen by attorneys for both sides – Cannot be excluded based on race, gender or national origin – Seldom used

• Right to an Attorney – Wherever a jail sentence may be imposed, a defendant is given an attorney (even if they can’t afford it)

• Other Rights: – Speedy and public trials in all criminal cases – Has right to confront witnesses and cross-examine – You cannot be forced to testify against yourself in a criminal trial

Constitutional rights after a trial • Sentences – Ex Post Facto Clause • Prevents the government from punishing anyone for doing something that was not a crime when the act was committed

• Three-strikes laws – Laws that impose an automatic minimum sentence of 25 years or life imprisonment when a person is convicted of a serious offense for the third time