Constitutional Rights of Defendants
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The U.S. Constitution provides multiple rights for someone accused of a crime—the defendant in a criminal case filed by a prosecutor.
Choose one right for the accused, and explain why this is the most significant safeguard for criminal defendants.
Discuss at least two U.S. Supreme Court opinions which interpreted this right.
Did the Supreme Court limit or expand upon the plain language from the U.S. Constitution? In what way?
Discuss the relevance of the right in modern society. It is recommended that your post contain approximately 400 words.
Text
Spohn, C., & Hemmens, C. (2012). Courts: A text/reader (2nd ed.). Sage.
Section IV: Judges and Jurors
Articles
Howard, R. C., & Rich, L. A. (2006). A history of Miranda and why it remains vital today (Links to an external site.).Valparaiso Law Review, 40(3), 685-706. Retrieved from http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1225&context=vulr
This resource provides an analysis of the need for continued Fifth Amendment protections delineated by the U.S. Supreme Court in the U.S. v. Miranda decision.
Smith, C. E. (1996). The impact of new justices: The U.S. Supreme Court and criminal justice policy (Links to an external site.).Akron Law Review, 30(1), 55-72. Retrieved from https://www.uakron.edu/dotAsset/726718.pdf
Smith advances an argument that the U.S. Supreme Court creates criminal justice policy through its rulings.
Web Page
Liptak, A. (2012, March 21). Justices’ ruling expands rights of accused in plea bargains (Links to an external site.).The New York Times. Retrieved from http://www.nytimes.com
Liptak analyzes the defendant’s right to effective, legal representation (Sixth Amendment) during plea agreement negotiations and proceedings.
Recommended Resources
Websites
Anthony M. Kennedy (Links to an external site.) (http://www.oyez.org/justices/anthony_m_kennedy)
Brief biography of Justice Anthony Kennedy
Antonin Scalia (Links to an external site.) (http://www.oyez.org/justices/antonin_scalia)
Brief biography of Justice Antonin Scalia
Clarence Thomas (Links to an external site.) (http://www.oyez.org/justices/clarence_thomas)
Brief biography of Justice Clarence Thomas
Elena Kagan (Links to an external site.) (http://www.oyez.org/justices/elena_kagan)
Brief biography of Justice Elena Kagan
John G. Roberts, Jr. (Links to an external site.) (http://www.oyez.org/justices/john_g_roberts_jr)
Brief biography of Chief Justice John Roberts
Ruth Bader Ginsberg (Links to an external site.) (http://www.oyez.org/justices/ruth_bader_ginsburg)
Brief biography of Ruth Bader Ginsberg
Samuel A. Alito, Jr. (Links to an external site.) (http://www.oyez.org/justices/samuel_alito_jr)
Brief biography of Justice Samuel Alito
Sonia Sotomayor (Links to an external site.) (http://www.oyez.org/justices/sonia_sotomayor)
Brief biography of Justice Sonia Sotomayor
Stephen G. Breyer (Links to an external site.) (http://www.oyez.org/justices/stephen_g_breyer)
Brief biography of Justice Stephen Breyer
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