Writ of habeas corpus Definition To prevent unjust arrest and imprisonment the prisoner is to be brought before the court and the officer must show just cause why the prisoner should not be released ID: 776035
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Slide1
Rights of the Accused
Unit 4 Chapter 20 Section 3
Slide2Writ of habeas corpus
Definition:
To prevent unjust arrest and imprisonment, the prisoner is to be brought before the court, and the officer must show just cause why the prisoner should not be released.
Constitution guarantee
:
Article I Section 9
Slide3Bill of attainder
Definition
:
a legislative act that provides for the punishment of a person without a court trial.
Related to Separation of Powers:
tell legislative body to be lawmakers, not judges
Slide4Ex post facto law
Definition
:
a criminal law that applies to crime committed before the law was passed.
3 criteria:
It is a criminal law
It applies to an act committed before its passage.
It works to the disadvantage of the accused.
Slide5Define:
Grand Jury:
The formal device by which a person can be accused of a serious crime.
Indictment:
a formal complaint that the prosecutor lays before a grand jury.
Presentment:
a formal accusation brought by grand jury on its own motion.
Slide6Define:
Information:
an affidavit in which the prosecutor swears that there is enough evidence to justify a trial.
Double jeopardy:
part of the 5
th
amendment that says no person can be put in jeopardy of life or limb twice.
Slide7Define:
Bench Trial:
a trial in which a judge alone hears the case. No jury!
Self-incrimination:
No person can be forced to be a witness against him or herself.
Slide8Right
Amendment
Right to a grand jury
5
th
No double jeopardy
5
th
Right to a speedy and public trial
6
th
Right to trial by an impartial jury
6
th
Right to adequate defense
6
th
No self-incrimination
5
th