Constitutional Rights of the Accused

Directions: Complete the chart using the information in the linked video(s) and from last Friday’s slides. Then submit the
assignment to Canvas.
Summarize the Constitutional Provision or Right What is one current or historical issue or case relating to
this right?

Unreasonable Searches and Seizures Katz v. United States.

Federal agents attached a recording device to the phone
Katz’s was using because he was suspected of gambling
fraud. Katz was found guilty but appealed up to the
Supreme Court under the 4th amendment, claiming that
the Federal Agents unreasonably seized that phone call.
SCOTUS agreed with Katz.

Indictment of a Grand Jury Costello V United States

Frank Costello was indicted for trying to not pay income
taxes. Case decided that an indictment based only on
evidence is constitutional by the fifth amendment.

Double Jeopardy Gamble V. United States

Gamble pleaded guilty for being a felon with possession of
a firearm under Alabama law. Federal prosecutors indicted
him again under federal law. However, the offense was by
two separate sovereigns so technically it was two separate
offenses.

Protections from Self-Incrimination Twining V. New Jersey

A bank director named Twinning was charged with
misdemeanor. He did not testify his innocence, the
prosecutor tried to use that as evidence against him.
Failure to testify could be abridged by the states.
 Due Process of Law Plessy v. Ferguson
Plessy was 78% caucasian, though under Louisiana law he
was considered black. However, Plessy sat in a “whites
only” car on a train. Plessy was promptly arrested for this,
and his lawyers argued that the whites only car violated the
14th amendment. SCOTUS Ruled that it did not because
they were still being treated “equally.” This shaped how the
due process clause applied to people of color, because this
case does end up resulting in POC having less protections
under the 14th amendment and therefore the due process
clause. This case worsened the rights of the accused,
specifically POC.

Speedy and Public Trial Betterman v. Montana

Betterman had several charges against him. He pled guilty
to these charges, and his sentence hearing occurred 14
months later. Betterman filed a motion to dismiss because
he was “denied a speedy trial.” He appealed up to the
Supreme Court. SCOTUS ruled in favor of Montana on the
basis that a speedy trial does not extend past a verdict
(Betterman was not entitled to a speedy sentence hearing).
This caused the Speedy and Public Trial Clause to be
interpreted in a much different way and lessened the rights
of the accused.

Confront Witnesses Gideon v. Wainwright

The Warren Court used the 14th amendment to guarantee

the right to confront witnesses and the right against
self-crimination.

Right to an Attorney Gideon v. Wainwright

 In this court case, Gideon appeared in court without an
attorney. Gideon had requested for an attorney to
represent him in court because he could not afford one.
The judge at the trial refused to grant Gideon an attorney
because one of Florida's laws said that people who cannot
afford an attorney can only be granted one if they had
committed a capital offense. The Supreme Court ruled in
favor of Gideon guaranteeing some legal counsel for
criminal defendants in state and federal courts.

Impartial Jury Remmer v. United States

The case ruled that jurors must be unbiased and willing to

decide the case solely on evidence presented. During the
trial of the petitioner, an unnamed person communicated
with a juror who afterwards became the jury foreman, and
remarked to him that he could profit by bringing in a
verdict favorable to the petitioner. The juror reported the
incident to the judge, who informed the prosecuting
attorneys and advised them.