Asked by Makenna Alvey on Jun 09, 2024

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Describe some of the rights of the accused found in the Bill of Rights.Specifically,discuss the exclusionary rule,Miranda rights,and double jeopardy.In your answer,be sure to define each term,identify its support in the Constitution and in Supreme Court cases,and discuss why the rights of the accused are so essential to due process of law.

Miranda Rights

The legal rights given to individuals in the United States during arrest, including the right to remain silent and the right to an attorney.

Double Jeopardy

A legal principle that prohibits someone from being prosecuted twice for the same offense, ensuring protection against multiple punishments.

  • Describe the rights of the accused within the context of the Bill of Rights, including the exclusionary rule, Miranda rights, and double jeopardy, and their importance to due process.
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Dennis AguiarJun 11, 2024
Final Answer :
There are four components to this question.
a.Exclusionary rule: The exclusionary rule is the ability of courts to exclude evidence obtained in violation of the Fourth Amendment's protections for unreasonable searches and seizures.The Supreme Court's ruling in Mapp v.Ohio stated that under the Fourth Amendment (applied to the states through the Fourteenth Amendment),"all evidence obtained by searches and seizures in violation of the Constitution ...is inadmissible."
b.Miranda rights: Miranda rights refer to the requirement,articulated by the Supreme Court in Miranda v.Arizona,that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel.The decision was based on the Fifth Amendment's protection from self-incrimination.
c.Double jeopardy: Double jeopardy refers to the Fifth Amendment right providing that a person cannot be tried twice for the same crime.In the 1969 case of Benton v.Maryland,the Court expressly overruled their decision in Palko v.Connecticut and declared that the double jeopardy clause did,in fact,apply to the states.
d.Why rights of the accused are essential to due process: Although the procedural safeguards discussed above may seem irrelevant to most law-abiding citizens,they help define the limits of government action against the personal liberty of every citizen.