Malcolm Rivera
The US Constitution is a foundational document that guarantees certain rights to its citizens, including fair trials and protection against unreasonable searches and seizures. These rights are protected even when a person is suspected or charged with a crime. Constitutional violations can have a significant impact on criminal cases, leading to evidence being thrown out, charges being dropped, or convictions being overturned. The Constitution also outlines specific crimes, such as treason, piracy, and counterfeiting, and grants Congress the power to define and punish these acts. Understanding an individual's constitutional rights is crucial when facing criminal charges, as violations of these rights can affect the outcome of a case.
Characteristics of Crimes Against the Constitution
| Characteristics | Values |
|---|---|
| Country | Philippines |
| Official Term | Does not appear in official penal laws |
| Unofficial Term | Crimes Against the Constitution, Crimes Against the Fundamental Laws of the State |
| Definition | Acts that violate the fundamental guarantees enshrined in the Philippine Constitution |
| Examples | Treason, Rebellion, Coup d'Etat, Espionage, Graft and Corruption |
| Applicable Laws | Title II of Book II of the Revised Penal Code, Articles 124 to 133 |
| Rights Protected | Religious freedom, due process, equal protection, privacy, freedom of speech, right against unreasonable searches and seizures |
| Consequences of Violation | Exclusion of evidence, dismissal of charges, overturning of conviction |
Explore related products
What You'll Learn
Treason against the United States
The Constitution of the United States specifically identifies treason and what constitutes treason against the nation. Treason is expressly defined by the Constitution and applies only to Americans who have betrayed the allegiance they are presumed to owe to the United States.
The Constitution sets out certain requirements for a conviction of treason. A person cannot be convicted of treason unless there is testimony from two witnesses to the same overt act, or a confession in open court. The punishment for treason is decided by Congress, and the penalty can include the death sentence, imprisonment of at least five years, and a minimum fine of $10,000. Additionally, those convicted of treason forfeit their right to hold public office in the United States.
Treason prosecutions have become rare, with only one person indicted for treason since 1954. The traditional explanation for this is that the Supreme Court, in Cramer v. United States (1945), made treason so challenging to prove that federal prosecutors rarely pursue it. The most famous treason trial was that of Aaron Burr in 1807, which resulted in acquittal due to a lack of witness testimony.
The US Constitution: Democracy's Founding Principles
You may want to see also
Rebellion and Coup d'Etat
A coup d'état, or simply a coup, is typically an illegal and overt attempt by a small group of military organisations or other government elites to unseat an incumbent leadership. Coups are usually conspiracies of small groups, whereas rebellions and revolutions are started spontaneously by larger groups of uncoordinated people. A self-coup occurs when a leader, having come to power through legal means, attempts to stay in power through illegal means.
The concept of a coup d'état has been present in politics since antiquity, with some of the earliest modern coups being those in which Napoleon overthrew the Directory in 1799, and Louis Napoleon dissolved the assembly of France's Second Republic in 1851. Coups were also a regular occurrence in various Latin American nations in the 19th and 20th centuries and in African countries after they gained independence in the 1960s.
From 1950 to 2010, there were 457 coup attempts globally, with almost half succeeding. Most coup attempts occurred in the mid-1960s, but there were also large numbers in the mid-1970s and early 1990s. Coups in the post-Cold War era have been more likely to result in democratic systems, but they still largely perpetuate authoritarianism.
Factors that increase the likelihood of a coup include:
- Protests, which help elites within the state apparatus coordinate coups.
- Regional rebellions, which make military coups more likely.
- Civil war peace agreements, especially when these jeopardise the interests of the military.
- Militarised confrontations and conflicts, which make coups less likely.
To prevent coups, regimes may implement "coup-proofing" strategies, such as the strategic placement of family, ethnic, and religious groups in the military, and the fragmentation of military and security agencies. However, coup-proofing reduces military effectiveness as loyalty is prioritised over experience when filling key military positions.
The Constitution: Our Safeguard Against Tyranny
You may want to see also
Piracy and counterfeiting
The US Constitution is a foundational document that sets up the three branches of the US government, the balance of powers, and the doctrine of federalism, which governs the relationship between states and the federal government. It is worth noting that the Constitution only directly mentions three crimes: treason, piracy, and counterfeiting.
Article I, Section 8 of the US Constitution empowers Congress to "define and punish Piracies and Felonies committed on the high Seas." Congress has created a law to punish piracy, which means that anyone caught robbing American mariners on the high seas can face life in prison.
The Secret Service is charged with protecting the integrity of the nation's currency by investigating and arresting counterfeiters. Counterfeiting of US currency today usually involves paper bills, but it is still illegal. Article I, Section 8 of the Constitution gives Congress the power to punish those who counterfeit "the Securities and current Coin of the United States."
While piracy and counterfeiting are the only two crimes explicitly mentioned in the Constitution besides treason, it is important to note that the Constitution also leaves a wide range of violent and theft crimes unmentioned. There are, of course, federal laws against murder and robbery, which are justified under the Necessary and Proper Clause and the Commerce Clause of the Constitution.
Additionally, constitutional violations can have a significant impact on criminal cases. For example, a person's Fourth Amendment right protects against unreasonable searches and seizures. Evidence gathered through an unlawful search without a warrant or probable cause will likely be deemed inadmissible in court. Similarly, Miranda warnings are required by the Fifth Amendment, and a failure to provide these warnings can result in confessions being ruled inadmissible. Constitutional violations can lead to dropped or reduced charges, acquittals, or a successful criminal appeal.
Pain and Suffering Settlements: Separate Property?
You may want to see also
Explore related products
Violation of religious freedom
The US Constitution is a foundational document that guarantees certain rights to US citizens. While the Constitution does not explicitly refer to "violations of religious freedom", it does include the right to freedom of religion and religious belief and practice. This includes the right to assemble for peaceful religious activities, speak freely about one's religious beliefs, and raise children according to one's religious teachings.
There have been several cases where religious freedom has been allegedly violated. For example, a private Jewish university in New York City was sued by a lesbian couple for its policy of reserving its married student housing for male-female couples. The state's highest court ruled that the university's policy could be challenged as it violated the city's ordinance barring housing discrimination based on sexual orientation. In another case, a Christian student organization at the University of California, Hastings College of the Law, was denied official recognition because it required members to agree with its statement of Christian beliefs and adhere to its standards of sexual conduct.
These cases highlight the complex nature of religious freedom and how it can come into conflict with other rights and values, such as non-discrimination. While the Constitution protects religious freedom, it is also important to ensure that this freedom does not infringe on the rights of others.
It is worth noting that violations of constitutional rights can have significant implications in criminal cases. For example, evidence obtained through an unlawful search or interrogation may be deemed inadmissible in court, potentially leading to reduced charges or an acquittal. However, it is unclear if a violation of religious freedom, in particular, would be considered a felony or result in specific criminal charges. The legal implications would likely depend on the specific circumstances and how the violation impacts an individual's rights.
Ethiopia's Constitution: A Ban on Slavery
You may want to see also
Unlawful searches and seizures
The Fourth Amendment to the United States Constitution prohibits the federal and state governments from conducting "unreasonable searches and seizures". This means that the police cannot search a person, their home, or their vehicle without a warrant or probable cause. The Fourth Amendment also applies to arrests and the collection of evidence.
The concept of freedom from governmental searches and seizures originated in early British law and policy, encapsulated in the famous maxim, "Every man's house is his castle". However, English royalty abused their powers to issue general warrants and writs of assistance, which allowed agents of the Crown to search people and places without cause.
In the US, a search or seizure is generally illegal under the Fourth Amendment if it occurs without consent, a warrant, or probable cause to believe a crime has been committed. A search occurs when the government invades someone's "indefeasible right of personal security, personal liberty, and private property". While there are no bright-line rules for whether someone's expectation of privacy is "reasonable", it generally depends on the totality of the circumstances. For example, a person has a reasonable expectation of privacy in their home, but not in a public park or on the sidewalk.
The Fourth Amendment does not protect against all searches and seizures, but only those deemed unreasonable under the law. The determination of reasonableness involves balancing the intrusion on an individual's Fourth Amendment rights against legitimate government interests, such as public safety. The Supreme Court has carved out numerous exceptions to the warrant requirement, and technological advancements have expanded the government's ability to search and surveil people, raising questions about what constitutes a "search" under the Fourth Amendment.
The remedy for an unreasonable search and seizure is the exclusionary rule, which prevents evidence obtained through such means from being introduced in criminal court. This can significantly weaken a prosecutor's case, potentially leading to dropped or reduced charges or an acquittal. However, the exclusionary rule does not apply to other court proceedings, impeachment of evidence, or civil proceedings. Additionally, due to qualified immunity, which protects government employees from being sued for actions related to their occupations, a defendant cannot seek a remedy against the government officials who performed the unreasonable search or seizure.
Exploring Gender Roles in The Great Gatsby
You may want to see also
Frequently asked questions
A crime against the US Constitution is when the rights guaranteed by the US Constitution are violated. For example, a person’s Fourth Amendment right protects against unreasonable search and seizure.
Violations of constitutional rights can heavily impact a criminal case, potentially preventing a conviction and the long-term consequences of a criminal record.
Examples of constitutional rights violations include unlawful searches and seizures by law enforcement, and failure to provide Miranda warnings.
Miranda warnings are required pursuant to the Fifth Amendment. Law enforcement must inform a person under arrest of their right to remain silent, their right to an attorney, and that anything said can and will be used against them in a court of law.
Treason is the only crime expressly defined by the US Constitution.
![Felony [Blu-ray]](https://m.media-amazon.com/images/I/51zdiBd-LAL._AC_UY218_.jpg)
