Criminal Rights Court Cases

1,939 views
1,760 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
1,939
On SlideShare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
13
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Criminal Rights Court Cases

  1. 1. Important Supreme Court Chief Justices Marshall Court: John Marshall (1801-1835) Warren Court: Earl Warren (1953-1969) Burger Court: Warren Burger (1969-1986) Federalist-Decisions strengthened the federal government Conservative- Judicial Restraint - avoid making broad social change Exception: Roe v. Wade (1973) Liberal- Judicial Activism -use the court to make broad social change Brown v. Board Mapp v. Ohio Gideon v.Wainwright Escobedo v. Illinois Miranda v. Arizona Engle v. Vitale Tinker v. Desmoines
  2. 2. Warren Court Decisions 1960s Supreme Court Cases
  3. 3. Expansion of Criminal Rights: Cases Leading to the Miranda Decision <ul><li>Gideon v. Wainwright (1963)- Every suspect has the right to an attorney even if he/she cannot afford it. </li></ul><ul><li>Escobedo v. Illinois (1964)- Every suspect has the right to an attorney and to remain silent </li></ul><ul><li>Mapp v. Ohio (1961)- Required police to have a warrant and probable cause to search a home and seize property . </li></ul>
  4. 4. Miranda v. Arizona (1966) Facts: Miranda was convicted of rape and kidnapping. His conviction was based in part upon incriminating statements he made to police while he was being interrogated. At no time during the questioning did the police tell him that he had the right to an attorney and to remain silent. Issue: Whether Arizona violated Miranda’s 5th, 6th, and 14th amendment rights by not advising him of his right to remain silent .
  5. 5. Decision: The Supreme Court found in favor of Miranda. The Court held that police must inform suspects of their right to remain silent and right to an attorney to be present during questioning. **This case established the practice of reading all suspects their Miranda warnings upon being arrested.
  6. 6. Related Cases <ul><li>Korematsu v US (1944) </li></ul><ul><ul><li>Issue-Executive Power, 14th Amendment, 5th Amendment, national security </li></ul></ul><ul><ul><li>Decision-Congress and President can deprive an entire race of its rights in the interest of national security </li></ul></ul>
  7. 7. Right to Privacy Issues <ul><li>Roe v Wade (1973) </li></ul><ul><ul><li>Issue: Privacy, abortion rights, personal choice </li></ul></ul><ul><ul><li>Decision: State laws prohibiting abortion were unconstitutional (0-3 mos. No state interference, 4-6 mos. Interference for mother’s health, 6-9 mos. No interference. </li></ul></ul><ul><ul><li>Planned Parenthood v Casey (1992) </li></ul></ul><ul><ul><li>Issue: Privacy, Abortion </li></ul></ul><ul><ul><li>Decision: States could seek a reasonable waiting period and parental consent for minors, as long a Roe provisions were not hindered </li></ul></ul>
  8. 8. Student Rights <ul><li>New Jersey v TLO (1985) </li></ul><ul><ul><li>Issue: Student Rights, Privacy, legal search </li></ul></ul><ul><ul><li>Decision: The Court ruled that schools needed only reasonable suspicion to conduct a search of students (not probable cause like the police) </li></ul></ul><ul><li>Veronia v Action (1995) </li></ul><ul><ul><li>Issue: Privacy </li></ul></ul><ul><ul><li>Decision: The Court ruled that to maintain safety, drug testing of student athletes was constitutional </li></ul></ul>

×