Balancing the Rights of the Accused and Public Safety

This resource is an Inquiry Pack to accompany the Safeguards of Justice Timeline on LegalTimelines.org, which examines the rights of the accused and the origins and progression of Fourth, Fifth, Sixth, and Eighth Amendment rights.

Built around primary sources from the Library of Congress and other collections, this Inquiry Pack facilitates a deep dive into an important aspect of the history of the rights of the accused in the United States.

Each Inquiry Pack includes a background reading, several primary sources (documents, articles, images), discussion questions about the sources, an inquiry question, and an inquiry extension question.

This pack includes the following components:

• Introduction: Balancing the Rights of the Accused and Public Safety
• The Right to Counsel
• The Right to Remain Silent
• Inquiry Question: What is the proper balance between the rights of people accused of crimes and the interest of government and society in public safety?
• Inquiry Extension Question: Research the 1968 Supreme Court case of Terry v. Ohio to see how the Court balanced the rights of the accused persons with the need for police officers to be safe. Do you agree or disagree with this decision? Can you imagine that this stop and frisk case could be abused by law enforcement?
• Inquiry Question Graphic Organizer