Constiutional rights of defendants | CRJ 514 Constitutional & Judicial Processes | Ashford University

 The U.S. Constitution provides multiple rights for someone accused of a crime—the defendant in a criminal case filed by a prosecutor. Choose one right for the accused, and explain why this is the most significant safeguard for criminal defendants. Discuss at least two U.S. Supreme Court opinions which interpreted this right. Did the Supreme Court limit or expand upon the plain language from the U.S. Constitution? In what way? Discuss the relevance of the right in modern society. It is recommended that your post contain approximately 400 words. 

 

Text

Spohn, C., & Hemmens, C. (2012). Courts: A text/reader (2nd ed.). Sage.

  • Section IV: Judges and Jurors

Articles

Howard, R. C., & Rich, L. A. (2006). A history of Miranda and why it remains vital today (Links to an external site.).Valparaiso Law Review, 40(3), 685-706. Retrieved from http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1225&context=vulr

  • This resource provides an analysis of the need for continued Fifth Amendment protections delineated by the U.S. Supreme Court in the U.S. v. Miranda decision.

Smith, C. E. (1996). The impact of new justices: The U.S. Supreme Court and criminal justice policy (Links to an external site.).Akron Law Review, 30(1), 55-72. Retrieved from https://www.uakron.edu/dotAsset/726718.pdf

  • Smith advances an argument that the U.S. Supreme Court creates criminal justice policy through its rulings.

Web Page

Liptak, A. (2012, March 21). Justices’ ruling expands rights of accused in plea bargains (Links to an external site.).The New York Times. Retrieved from http://www.nytimes.com

  • Liptak analyzes the defendant’s right to effective, legal representation (Sixth Amendment) during plea agreement negotiations and proceedings.

Recommended Resources

Websites

Anthony M. Kennedy (Links to an external site.) (http://www.oyez.org/justices/anthony_m_kennedy)

  • Brief biography of Justice Anthony Kennedy

Antonin Scalia (Links to an external site.) (http://www.oyez.org/justices/antonin_scalia)

  • Brief biography of Justice Antonin Scalia

Clarence Thomas (Links to an external site.) (http://www.oyez.org/justices/clarence_thomas)

  • Brief biography of Justice Clarence Thomas

Elena Kagan (Links to an external site.) (http://www.oyez.org/justices/elena_kagan)

  • Brief biography of Justice Elena Kagan

John G. Roberts, Jr. (Links to an external site.) (http://www.oyez.org/justices/john_g_roberts_jr)

  • Brief biography of Chief Justice John Roberts

Ruth Bader Ginsberg (Links to an external site.) (http://www.oyez.org/justices/ruth_bader_ginsburg)

  • Brief biography of Ruth Bader Ginsberg

Samuel A. Alito, Jr. (Links to an external site.) (http://www.oyez.org/justices/samuel_alito_jr)

  • Brief biography of Justice Samuel Alito

Sonia Sotomayor (Links to an external site.) (http://www.oyez.org/justices/sonia_sotomayor)

  • Brief biography of Justice Sonia Sotomayor

Stephen G. Breyer (Links to an external site.) (http://www.oyez.org/justices/stephen_g_breyer)

  • Brief biography of Justice Stephen Breyer
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