Identify and discuss the basic constitutional protections enjoyed by criminal defendants in the United States. The Sixth Amendment requires a speedy trial for those accused of a criminal act. Citizens are protected against unreasonable delays before accusation because of
What will be an ideal response?
o statutes of limitations, which are legislative time limits that require prosecutors to charge a defendant with a crime within a certain amount of time after the illegal act took place.
o The Sixth Amendment also states that anyone accused of a crime shall be judged
by "an impartial jury.".
In addition to the Sixth Amendment, which specifies the protections just
o discussed, the Fifth Amendment to the Constitution also provides important
safeguards for the defendant. The Fifth Amendment states that no person "shall
be compelled in any criminal case to be a witness against himself.".
o The presumption in criminal law is that a defendant is innocent until proved guilty.
The burden of proving guilt falls on the state (the public prosecutor).
As mentioned earlier, the burden of proving the defendant's guilt lies entirely with
o the state. Furthermore, the state must prove the defendant's guilt beyond a
reasonable doubt; that is, the prosecution must show that, based on all the
evidence, the defendant's guilt is clear and unquestionable.
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A factor that was used by the majority in its decision in Scott v. Harris (2007) was that
A. The high speed chase took place at night when few pedestrians were out B. Part of the chase occurred on a four lane road C. Tennessee v. Garner (1985) was not precedent D. Police had the license plate number of the fleeing automobile
The Supreme Court, through this case, established the automobile exception to the search-warrant requirement
a. Steagald v. U.S. c. Weeks v. U.S. b. Carroll v. U.S. d. Mapp v. Ohio
Reuter (1983) found gambling and loan-sharking industries in New York to be populated by ________________ with no organization and having a monopoly or market hegemony and no central control or coordination
a. brothels b. small operators c. dealers d. pimps
If there is not a person as victim, in the stealing of property, then the crime will be __________
Fill in the blank(s) with correct word