4-4: The Rights of the Accused

The Erosion of Miranda

1986: the Court held that a confession need not be excluded even though the police failed to inform a suspect in custody that his attorney had tried to reach him by telephone. 1991: the Court stated that a suspect's conviction will not be automatically overturned if the suspect was coerced into making a confession. If the other evidence admitted at trial was strong enough to justify the conviction without the confession, then the fact that the confession was obtained illegally can be, in effect, ignored.

The Erosion of Miranda: Recording Confessions

digitally record interrogations and confessions all police officers said the procedure saved time and money, created valuable evidence to use in court, and made it more difficult for defense attorneys to claim that their clients had been illegally coerced

The Erosion of Miranda: Requesting One's Rights

1994: the Supreme Court ruled that a suspect must unequivocally and assertively state his right to counsel in order to stop police questioning. Saying "Maybe I should talk to a lawyer" during an interrogation after being taken into custody is not enough. The Court held that police officers are not required to decipher the suspect's intentions in such situations 2010: the Court found that suspects must explicitly invoke the right to remain silent if they wish to avail themselves of that right. 2011: the Court ruled that because children are more susceptible to pressure than adults, police officers must take extra care in ensuring the Miranda rights of child suspects

The Exclusionary Rule

A criminal procedural rule stating that illegally obtained evidence is not admissible in court. extended to state court proceedings in 1961 forces law enforcement personnel to gather evidence properly. If they do not, they will be unable to introduce the evidence at trial to convince the jury that the defendant is guilty.

The Miranda Warnings

how and when constitutional rights could be exercised Miranda v. Arizona: Prior to any questioning, the person must be warned that he has a right to remain silent, that any statement he does make may be used against him, and that he has a right to the presence of an attorney, either retained or appointed. A series of statements informing criminal suspects, on their arrest, of their constitutional rights, such as the right to remain silent and the right to counsel; required by the Supreme Court's 1966 decision in Miranda v. Arizona.

The Rights of Criminal Defendants

Basic rights/constitutonal safeguards provided for criminal defendants are set forth in the Bill of Rights include: The Fourth Amendment protection from unreasonable searches and seizures. The Fourth Amendment requirement that no warrant for a search or an arrest be issued without probable cause—cause for believing that there is a substantial likelihood that a person has committed or is about to commit a crime. The Fifth Amendment requirement that no one be deprived of "life, liberty, or property, without due process of law." As discussed earlier in this chapter, this requirement is also included in the Fourteenth Amendment, which protects persons against actions by state governments. The Fifth Amendment prohibition against double jeopardy—being tried twice for the same criminal offense. The Fifth Amendment provision that no person can be required to be a witness against (incriminate) himself or herself. This is often referred to as the constitutional protection against self-incrimination. It is the basis for a criminal suspect's "right to remain silent" in criminal proceedings. The Sixth Amendment guarantees of a speedy trial, a trial by jury, a public trial, and the right to confront witnesses. The Sixth Amendment guarantee of the right to counsel at various stages in some criminal proceedings. The right to counsel was strengthened in 1963 in Gideon v. Wainwright.Footnote The Supreme Court held that if a person is accused of a felony and cannot afford an attorney, an attorney must be made available to the accused person at the government's expense. The Eighth Amendment prohibitions against excessive bail and fines and against cruel and unusual punishments.

The Rights of the Accused

By protecting the rights of accused persons, the Constitution helps to prevent the arbitrary use of power by the government.