34970315
Description
Mind Map by PAIGE MANN, updated more than 1 year ago
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Created by PAIGE MANN
over 3 years ago
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Policing Legal Aspects
- 14 Amendment: guarantees all citizens "equal protection of the laws."
- Due Process: 4th amendment- protects ones rights against unreasonable search and seizure. 5th
amendment- the right to a grand jury, forbids "double jeapordy" and protects against self-incrimination.
6th amendment- rights of a criminal defendants, including the right to a public trail without unnessesary
delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers and the
nature of your charges and evidence against you.
- Terry vs Ohio (4th)- This case was a landmark decision of the Supreme Court of the United States in which the Court ruled that it is not
unconstitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime. They didn't
illegally search them, they just stopped to talk to them. Miranda vs Arizona (5th)- In this case, the Supreme Court ruled that detained criminal
suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination. Miranda was
not informed of his rights prior to the police interrogation. Gideon vs Wainwright (6th)- In this case, the Supreme Court ruled that the
Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers
themselves. The case began with the 1961 arrest of Clarence Earl Gideon.
- 4th amendment scenario- A guy is walking around the park
in all black during the nightime. He was just minding his
own business when he crossed paths with a police officer.
Instead of illegally searching the man, he just talked to him
about what his plans are and where he is going. Since he
didn't search him nothing was illegal because he had no
right to search the man as he was doing nothing wrong
- 5th amendment scenario- A man was tried for robbery and was
found not guilty. The opposing team later finds out information that
would put the guy in jail for the robbery crime. Since the trial was
already finalized, he can't be tried again because the 5th
amendment protects you from double jeapordy.
- 6th amendment scenario- A man convicted of murder is poor.
He is being charged with 25 years to life in prison. He is a very
compelling person and wants to try and prove himself
innocent. The law has to give him a lawyer because of the 6th
amendment. They also have to allow him to be in trial in front
of an impartial or un bias jury, so that he has a fair chance at
beigng proven innocent.
- 4th amendment scenario- A guy is walking around the park
in all black during the nightime. He was just minding his
own business when he crossed paths with a police officer.
Instead of illegally searching the man, he just talked to him
about what his plans are and where he is going. Since he
didn't search him nothing was illegal because he had no
right to search the man as he was doing nothing wrong
- Terry vs Ohio (4th)- This case was a landmark decision of the Supreme Court of the United States in which the Court ruled that it is not
unconstitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime. They didn't
illegally search them, they just stopped to talk to them. Miranda vs Arizona (5th)- In this case, the Supreme Court ruled that detained criminal
suspects, prior to police questioning, must be informed of their constitutional right to an attorney and against self-incrimination. Miranda was
not informed of his rights prior to the police interrogation. Gideon vs Wainwright (6th)- In this case, the Supreme Court ruled that the
Constitution requires the states to provide defense attorneys to criminal defendants charged with serious offenses who cannot afford lawyers
themselves. The case began with the 1961 arrest of Clarence Earl Gideon.
- Due Process: 4th amendment- protects ones rights against unreasonable search and seizure. 5th
amendment- the right to a grand jury, forbids "double jeapordy" and protects against self-incrimination.
6th amendment- rights of a criminal defendants, including the right to a public trail without unnessesary
delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers and the
nature of your charges and evidence against you.
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