Malcolm Rivera
Criminal statutes are laws that define criminal conduct and specify the penalties for such behaviour. They are influenced by various sources, including constitutional conventions, legislative processes, administrative agencies, and court opinions. The federal and state constitutions play a crucial role in shaping criminal statutes by setting forth the basic standards that govern the use of governmental authority and protecting individual rights. In the United States, the Bill of Rights, encompassing the first ten amendments, provides numerous protections for individuals involved in criminal proceedings, from police investigations to trials and appeals. This includes the right to a speedy trial, protection against double jeopardy, and the right to confront one's accuser. The interpretation and application of criminal statutes are further nuanced by considerations such as the nondelegation doctrine, which restricts the delegation of legislative power to other branches or entities, and the Supreme Court's rulings on sentencing guidelines and protected speech.
| Characteristics | Values |
|---|---|
| Double jeopardy | The state may not prosecute a person for the same offense after an acquittal, a conviction, or a mistrial past a certain point in a trial. |
| Right to a speedy trial | The state may not unreasonably delay a criminal proceeding. |
| Right to an attorney | The right to an attorney is commonly known as a Miranda right. |
| Right to remain silent | The right to remain silent is commonly known as a Miranda right. |
| Right to a jury trial | The right to a jury trial does not apply to "petty crimes", defined as those with a maximum possible sentence of imprisonment of six months or less. |
| Right to a fair trial | The Fifth and Sixth Amendments provide important protections that ensure a fair trial. |
| Right to face accusers | The Confrontation Clause of the Sixth Amendment guarantees a criminal defendant's right to a face-to-face confrontation with their accuser. |
| Congressional authority | Congress must provide by statute that violation of the statute's terms shall constitute a crime, and specify a permissible range of penalties. |
| Sentencing guidelines | The Supreme Court held that the mandatory nature of the sentencing guidelines violated the Sixth Amendment. |
| Death penalty | The Commission could include the death penalty within the guidelines only if that punishment was authorized by Congress. |
| Speech limitations | Anti-hate crime statutes permissibly limit individuals' speech to the extent they are directed at conduct rather than the content of the speech. |
| Ex post facto laws | Ex post facto laws are retroactively applied or punishments retroactively increased. |
| Bills of attainder | Bills of attainder are laws that declare named individuals guilty without a trial. |
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What You'll Learn
The right to a speedy trial
The Sixth Amendment guarantees criminal defendants a "speedy and public trial", an essential component of a fair and impartial justice system. This right was further codified in the Speedy Trial Act of 1974, which imposed stringent time limits to ensure prompt resolution of criminal cases. The Act mandates specific deadlines for different phases of a criminal case, aiming to enhance the efficiency of the justice system and reduce opportunities for further offences to be committed while awaiting trial.
The Speedy Trial Act sets out several critical time restrictions. Firstly, any information or indictment must be filed within 30 days of an individual's arrest or the service of a summons. Secondly, the arraignment of the accused must take place within 10 days of the filing date of the information or indictment, or when the accused appears before a judicial officer, whichever occurs later. Finally, if a plea of not guilty is entered, the trial must commence within 60 or 70 days from the date of arraignment. These time limits are subject to certain allowable delays, and the Act explicitly states that the listed delays are not exhaustive.
The Supreme Court has acknowledged the complexity of defining a "speedy trial", recognising it as a vague concept. In Barker v. Wingo (1972), the Court developed a four-part test to determine whether an individual's right to a speedy trial has been violated. This test considers the length of the delay, the reasons for the delay, the defendant's assertion of their right, and any prejudice caused by the delay.
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Double jeopardy
The right to protection against double jeopardy applies in both military and civilian contexts. In the case of United States v. Josey, it was found that service members are protected with respect to each of the three components of the constitutional prohibition against double jeopardy: trial for the same offence after acquittal, trial for the same offence after conviction, and multiple punishments for the same offence.
The Supreme Court has ruled that double jeopardy may prevent prosecution for one offence if jeopardy has already attached in a prosecution for another offence. This is the case even if the same evidence is required to prove two separate offences. For example, in the case of United States v. Felix, the Supreme Court found that a particular offence is not the same as conspiracy to commit that offence for double jeopardy purposes.
The Double Jeopardy Clause has also been found to bar a second prosecution in cases where the same conduct constitutes a violation of two distinct statutory provisions, but each provision does not require proof of an additional fact. In such cases, the two crimes are considered the "same offence" for double jeopardy purposes, and the doctrine will bar the second prosecution.
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Congressional authority to define crimes
The US Constitution places several restrictions on criminal statutes, aiming to prevent abuses of power and protect individual rights. These restrictions are outlined in the Bill of Rights, particularly in the Fourth, Fifth, and Sixth Amendments, as well as in Article I, Section 9, which prohibits ex post facto laws and bills of attainder.
Congress has the authority to define crimes and establish penalties, but this power is not without limits. In the case of A.L.A. Schechter Poultry Corp. v. United States (1935), the Court invalidated Congress's broad delegation of power to "make federal crimes of acts that never had been such before." This case set a precedent, highlighting that Congress must provide clear and specific statutes defining crimes and their corresponding penalties.
The nondelegation doctrine further constrains Congress's authority. While Congress can delegate some authority, such as classifying drugs as controlled substances, it cannot delegate the power to create new crimes or enact certain penalties, like the federal death penalty. The US Sentencing Commission, an independent agency, has significant discretion in developing sentencing guidelines for federal judges, but these guidelines cannot override the Sixth Amendment right to a fair trial.
The Constitution also protects individuals from double jeopardy, as stated in the Fifth Amendment. This means that an individual cannot be prosecuted twice for the same offense, nor can they face multiple punishments for a single conviction. The Sixth Amendment also guarantees the right to a speedy trial, preventing unreasonable delays in criminal proceedings.
Additionally, the Fourth Amendment restricts police actions by requiring search warrants, and the Fifth Amendment provides the right to remain silent and the right to an attorney. These rights extend throughout the criminal justice process, from police investigations to trials and appeals.
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The right to a jury trial
However, the right to a jury trial does not apply to "petty crimes," defined as those for which the maximum possible sentence of imprisonment is six months or less. This distinction aims to balance judicial efficiency with individual rights. Minors involved in proceedings in the juvenile criminal system also do not have a right to a trial by jury, except for serious felonies. Defendants may also waive their right to a jury trial, opting for a bench trial instead, where a judge presides over the case and determines guilt or innocence. This waiver must be done voluntarily, knowingly, and intelligently, and in writing in some jurisdictions.
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The right to remain silent
The "right to remain silent" is a well-known concept, often seen in movies and TV shows, but the constitutional rights it represents are often misunderstood. This right is enshrined in the Fifth Amendment to the US Constitution, which protects people from being compelled to give testimony that could incriminate themselves. This is not the same as having a right to silence at all times. In some situations, silence can be used as incriminating evidence.
To gain the protection of the right to silence, a suspect must clearly and unequivocally invoke it. Simply staying silent does not oblige police to stop an interrogation. The Supreme Court ruled in 1994 that a statement such as "maybe I should talk to a lawyer" is ambiguous and does not constitute an invocation of the right. However, once the right is invoked, all police questioning must stop. If the police continue questioning, they violate the suspect's Miranda rights, and any subsequent statements made by the suspect cannot be used against them in court.
In some jurisdictions, statutory measures have reinterpreted the right to silence. For example, the Criminal Justice Act 1984, the Criminal Justice (Drug Trafficking) Act 1998, and the Offences Against the State (Amendment) Act 1998, allow adverse inferences to be drawn against a suspect who declines to answer questions while in custody. Similarly, the Criminal Justice Act 2006 permits inferences to be drawn from silence when no solicitor is present. In Australia, there is no constitutional protection for the right to silence, but it is recognised by State and Federal Crimes Acts and Codes and is considered an important common-law right.
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Frequently asked questions
The Sixth Amendment guarantees criminal defendants the right to a speedy trial, which means that the state may not unreasonably delay a criminal proceeding. The federal government and numerous states have enacted “speedy trial statutes” that set deadlines for different phases of a criminal case. The federal Speedy Trial Act, 18 U.S.C. § 3161 et seq., requires the state to file an information or indictment within 30 days of an arrest, and it requires the commencement of a trial within 70 days.
The Fifth Amendment states that a person may not "be subject for the same offence to be twice put in jeopardy of life or limb". This means that the state may not prosecute a person for the same offense after an acquittal, a conviction, or a mistrial past a certain point in a trial. It also means that a person may not be subject to multiple punishments for a conviction.
The Supreme Court in United States v. Booker held that the mandatory nature of the sentencing guidelines, established by the US Sentencing Commission, violated the Sixth Amendment. The Court concluded that the statute sets forth more than just minimal standards and explains what the Commission should do and how it should do it. The Commission has significant discretion in making policy judgments when considering the relative severity of different crimes and the characteristics of offenders.
