Notes Aug 29 2013 Bill of Rights cont Due process aka rights of the accused Innocent until proven guilty 5th amendment No person shall be held to answer for a capital crime unless on a presentment or indictment of a Grand Jury no double jeopardy no self incrimination or being a witness against yourself no depriving life liberty or property without due process of law However if there is substantial new evidence then there can be a second trial Spouse doesn t have to testify at other spouse s trial Ex 1966 Miranda vs Arizona Ernesto Miranda arrested for kidnapping and rape told by police that if he would confess to the crime then they will go easy on him so he confessed and signed confession its not up to police if they can go easy Miranda didn t know his rights that he didn t have to testify against himself through a confession could have said he wasn t going to talk without a lawyer present found guilty lawyer appealed because he didn t know he didn t have to testify made it to Supreme Court and they said his confession was not voluntary so they ruled prior to any questioning he must be read his Miranda Rights two things resulted from that time on if anyone is arrested the police will inform them of their rights Miranda s conviction doesn t stand up because due process wasn t followed so he got a new trial without the confession used as evidence but other evidence was found and he was guilty and convicted and spent 9 years in prison 6th Amendment speedy and public trial informed of the nature and cause of accusation have mandatory process of obtaining witness in his favor assistance of counsel lawyer in his defense even if you can t afford one Speedy difficult can t put you in jail for 20 years to eventually go to court must be ASAP 8th amendment no excessive bail or fines no cruel and unusual punishments Furman supposed to be executed appealed death sentence and got to Supreme Court GA s death penalty law is just too broad now that law is null and void because it was unconstitutional GA wants this law but not in an unconstitutional way so they rewrote it only for the most serious crimes murder life in prison while in prison you murder death penalty murdering police officer on duty death penalty Gregg vs GA 1976 GA s death penalty law is constitutional 2nd Amendment a well regulated Militia state national guard being necessary to the security of a free State the right of the people to keep and bear Arms shall not be infringed States are allowed to have a militia and those people in the militia have the right to bear arms not ordinary individuals OR just focused on the second half so all of us have the right to bear arms 2008 DC vs Heller DC passed a law that no one is allowed to possess a hand gun at least not ordinary individuals Heller sued Supreme Court said for the first time that individuals do have to right to bear arms but we have only answered the question for hand guns not rifles or concealed weapons or background checks only this law violates the US constitution Right of Privacy 1 3 4 5 8 1965 Connecticut had law that contraceptive devices are illegal Grizzwell arrested for having birth clinic Supreme Court that prohibited contraceptive devices interfered with individual right of privacy Roe v Wade young woman raped in Texas and became pregnant abortions illegal at that time went to Supreme Court 4th amendment no unreasonable search and seizures gov t can t just come search home or take your stuff people secure in their person houses papers and effects warrants issued under probable cause which particularly states what place is being searched or what person thing is being seized Ex Matt vs Ohio 1961 entered Matt s house without warrant while searching they found illegal porn took that and arrested Matt she was convicted appealed to Supreme Court and they said that police were looking for fugitive not for porn which was obtained illegally so porn was excluded from evidence in trial exclusionary rule