Rights of the accused
The Fourth through Eighth Amendments protect people suspected or accused of crimes.
Searches and self-incrimination
The Fourth Amendment bars unreasonable searches and seizures and usually requires a warrant based on probable cause. Under the exclusionary rule, applied to the states in Mapp v. Ohio (1961), illegally obtained evidence generally cannot be used at trial. The Fifth Amendment protects against self-incrimination and double jeopardy, being tried twice for the same crime.
Lawyers and fair trials
The Sixth Amendment guarantees a speedy and public trial, an impartial jury, and the assistance of a lawyer. In Gideon v. Wainwright (1963), the Court ruled that states must provide lawyers to defendants in serious criminal cases who cannot afford one. Miranda v. Arizona (1966) requires police to warn suspects in custody of their rights before questioning.
Punishment
The Eighth Amendment forbids excessive bail and cruel and unusual punishment. Courts have used it to limit the death penalty, for example barring execution of people who were under 18 when they committed their crimes. Debates continue over which punishments are cruel and unusual by today's standards.
Flashcard
Illegally obtained evidence is generally barred from trial
Check your understanding
A defendant too poor to hire a lawyer is given one by the state. This right was established in: