3.8 Amendments: Due Process and the Rights of the Accused

Fourth Amendment: Search and Seizure

The Fourth Amendment protects against unreasonable searches and seizures, generally requiring probable cause and a warrant. In Mapp v. Ohio (1961), the Supreme Court applied the exclusionary rule to the states, meaning illegally obtained evidence cannot be used in court, protecting citizens' privacy from arbitrary government intrusion.

Fifth and Sixth Amendments: Rights of the Accused

The Fifth Amendment guards against self-incrimination and double jeopardy and guarantees due process. The Sixth Amendment guarantees the right to counsel and a speedy, public trial. Gideon v. Wainwright (1963) required states to provide free legal counsel to defendants who cannot afford it, ensuring fair trials for all.Miranda v. Arizona (1966) required police to inform suspects of their rights before interrogation.

Eighth Amendment and Selective Incorporation

The Eighth Amendment bans excessive bail and cruel and unusual punishment. Through selective incorporation, the Supreme Court has applied most protections for the accused to state governments via the Fourteenth Amendment's due process clause, balancing individual rights of the accused against society's interest in security and order.

Key terms

Fourth Amendment

Protects against unreasonable searches and seizures; generally requires probable cause and a warrant.

Mapp v. Ohio (1961)

Applied the exclusionary rule to the states, barring illegally obtained evidence from state trials.

Gideon v. Wainwright (1963)

Required states to provide free legal counsel to defendants who cannot afford an attorney.

Miranda v. Arizona (1966)

Required police to inform suspects of their rights (silence, counsel) before interrogation.

Selective incorporation

The process by which the Supreme Court applies Bill of Rights protections to the states via the Fourteenth Amendment's due process clause.

Try an AP-style question

In Gideon v. Wainwright (1963), the Court ruled that…

1. police must read Miranda rights
2. states must give poor defendants lawyers
3. illegally seized evidence is excluded
4. the death penalty is banned