Rights of the Accused Scenario Cards

Rights of the Accused Scenario Cards  

1. Unreasonable Searches and Seizures 

• Scenario: You are walking down the street when a police officer stops you and starts searching your backpack without asking for your consent or showing a warrant.
• Right: Protection from unreasonable searches and seizures
• Constitutional Basis: Fourth Amendment
• Supreme Court Ruling: Mapp v. Ohio (1961) – Evidence obtained in violation of the Fourth Amendment cannot be used in state courts against criminal defendants. This case established the exclusionary rule.
• Question: What might happen if evidence obtained through an unreasonable search is used against a defendant in court?

2. Remain Silent 

• Scenario: During an interrogation, the police ask you a series of questions about a crime, and you feel pressured to answer. You are not informed that you have the right to remain silent.
• Right: The right to remain silent and not incriminate oneself
• Constitutional Basis: Fifth Amendment
• Supreme Court Ruling: Miranda v. Arizona (1966) – Individuals must be informed of their right to remain silent and their right to be represented by an attorney during custodial interrogations.
• Question: Why is it important for individuals to be informed of their Miranda rights?

 

3. Be Represented by an Attorney 

• Scenario: You are accused of a serious crime, but you cannot afford a lawyer. The court initially refuses to provide one for you. Since you do not know the law or court procedure very well, you are convicted of the crime and sentenced to jail.
• Right: The right to legal representation
• Constitutional Basis: Sixth Amendment
• Supreme Court Ruling: Gideon v. Wainwright (1963) – States must provide an attorney to defendants who cannot afford one in felony cases.
• Question: How does the right to an attorney impact the fairness of a trial?

 

4. Have a Jury Trial 

• Scenario: You are on trial for a crime, and the judge decides that you will not have a jury of your fellow citizens evaluate your case. Instead, you will be assessed solely by the judge.
• Right: The right to a trial by an impartial jury
• Constitutional Basis: Sixth Amendment
• Question: How does having a jury contribute to a fair trial?

 

5. Have a Public Trial 

• Scenario: You are on trial for a crime. However, the courtroom is closed to the public, and no one—not your family, friends, or even reporters—is allowed to observe the proceedings. The judge, prosecution, and defense are the only ones present, and decisions are made behind closed doors.
• Right: The right to a public trial
• Constitutional Basis: Sixth Amendment
• Question: Why is it important for trials to be open to the public?

 

6. Have a Speedy Trial 

• Scenario: You are charged with a crime, but your trial is continuously postponed, and you end up waiting in jail for several years before your case is heard.
• Right: The right to a speedy trial
• Constitutional Basis: Sixth Amendment
• Question: How does a speedy trial preserve the rights of the accused?