CJUS P300 1st Edition Lecture 10 Outline of Last Lecture 1. Murder Discussion2. Motive3. Murder Example4. Battered Woman Syndrome Outline of Current Lecture 1. Right under the law2. Bill of rightsa. Pro Se3. Prosecutors and the Bill of Rightsa. Corpus DelectiCurrent Lecture1. Rights under the lawa. Right to an attorneyi. Private or publicii. Even if you are not a citizen, you get an attorney2. Bill of Rightsa. Freedom of Speech/Press/Right to Assemblei. There are rules and regulations in place as to what you can and cannot talk about even though you have the freedom of speechii. You can read about almost anything within the newspaper, not the same within other countries1. No censorship iii. You can peacefully assemble and talk about the gov’tThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.1. However can’t talk about assassinating presidentb. Right to bear arms/join a militiai. You can have a gun c. Quartering of Soldiersd. Search and Seizurei. You can’t unlawfully enter someone’s home and take things or rummage through their possessions without probable cause or a search warrantii. Police cannot do an unreasonable search and seizure of your property1. Must have a warrant2. Probable cause affidative must be signed and affirmed by officer saying that it is true. If it doesn’t contain that, then it is defective.a. A defective warrant can, usually, not be fixede. Self-incrimination/Double Jeopardyi. Double Jeopardy – you can’t be tried for the same crime twice 1. Could still be sued for that same crime2. Could also have perjury charges filed against you 3. Once the jury has been sworn in, jeopardy has been attached ii. “I Plead the 5th”1. If you plead the 5th you basically state your name and after that you give no information. Can’t pick and choose what questions you want to answer. 2. Typically doesn’t happen with a defendant because the defendant doesn’t have to take the stand3. Normally happens with other witnesses not necessarily the defendant4. You cannot be forced to testify against yourselfa. Credit union exampleb. Must be something else objective to go along with evidence besides just your testimony f. Speedy and Public Triali. If you’re charged with a crime and appear in front of a judge the judge will read to you what crime you are charged with, the penalties of that crime, and other rights that come from the 6th amendment. ii. They are told to you and given to you at the initial hearing iii. You have every right to represent yourself as a pro se defendant 1. You represent yourself within a proceeding 2. Deemed by the law to do all the things that a lawyer does g. Right to trial by jury if amount exceeds $20h. Right to bail/Cruel and Unusual Punishmenti. Safety of communityii. Your appearance in courtiii. Must be reasonable bailiv. Under the constitution when the framers wrote it there were a lot more crimes that carried the death penaltyi. If it’s not specifically enumerated in articles 1-8 then you could argue under the Constitution that you had a right to iti. If we didn’t list a certain right then the gov’t can’t argue that you don’t have it 1. Red shirt example2. Doesn’t specifically say you have a freedom of dress but you still have itj. Anything not a power in the Constitution given to the US gov’t means that it’s a right of the states i. Gay marriage 3. Prosecutor and Amendmentsa. Four, Five, and Six primarily concern you i. 8th is left to judges and higher courtsb. Uphold US Constitution and your State’s Constitution is the oath you take when you become a prosecutor c. Without the corpus delecti (the body of the crime), many prosecutors will not prosecute the case unless they have a body. i. You can do it but many prosecutors won’t do itii. Pregnant Woman