Malcolm Rivera
The US Constitution's Bill of Rights guarantees civil rights and liberties to individuals, including those accused of crimes. The Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments protect the rights of the accused, ensuring due process of law and prohibiting cruel and unusual punishment. The Sixth Amendment, for instance, grants the accused a right to a speedy and public trial by an impartial jury, while the Fifth Amendment requires an indictment from a grand jury for most crimes. These constitutional safeguards are essential for upholding justice and protecting individuals from abuses by law enforcement and the state.
| Characteristics | Values |
|---|---|
| Right to a speedy and public trial | The state cannot drag a case out for an unreasonable length of time or try it entirely behind closed doors |
| Right to an impartial jury | Defendants in a criminal case have a right to have their case decided by an “impartial jury” |
| Right to confront witnesses | The state must present all evidence, including the testimony of witnesses, to prove guilt in open court and give the defendant the opportunity to cross-examine witnesses and challenge the evidence |
| Right to witnesses | The defendant has the right to both subpoena other witnesses to have them testify in a trial |
| Right to testify in their own defense | The defendant has the right to testify in their own defense |
| Right to be present during the trial | The defendant has the right to be in constant attendance during the trial, but poor behavior can be used as grounds for removal |
| Right to legal representation | The Sixth Amendment grants citizens the right to legal representation |
| Right to due process | The state may not deprive a person of “life, liberty, or property, without due process of law” |
| Right to indictment from a grand jury | The state must obtain an indictment from a grand jury for most types of crimes |
| Right to reasonable fines and punishments | The state must prescribe fines and other punishments that are reasonably proportional to the crime |
| Right to reasonable bail | Courts cannot impose unreasonable or disproportionate bail for people in police custody |
| Right to freedom from cruel and unusual punishment | The state cannot impose punishments that might be considered “cruel and unusual,” such as lengthy prison terms for nonviolent offenses or the death penalty for any crime other than capital murder |
| Right to freedom of speech, press, and religion | The First Amendment protects the right to express ideas through speech and the press, as well as the right to religious beliefs and practices |
| Right to assemble | The First Amendment protects the right to assemble or gather with a group to protest or for other reasons |
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What You'll Learn
The right to a speedy and public trial
The Sixth Amendment guarantees the right to a "speedy and public trial" for criminal defendants. This means that the state cannot prolong a case for an unreasonable amount of time or try it entirely behind closed doors. The accused has the right to have their case heard by an impartial jury of the state and district where the crime was committed, and they must be informed of the nature and cause of the accusation.
The Sixth Amendment also grants the accused the right to confront the witnesses against them and to have compulsory process for obtaining witnesses in their favor. This means that the state must present all evidence, including witness testimony, in an open court, and the defendant has the opportunity to cross-examine witnesses and challenge the evidence.
To determine whether there has been a violation of the right to a speedy trial, courts consider several factors:
- Length of delay: The longer the delay, the more likely it is to be considered a violation.
- Reasons for the delay: The court will consider if there were valid reasons for the delay.
- Demand for a speedy trial: If the accused demanded a speedy trial, it is more likely that a delay would be considered a violation.
- Prejudice to the accused: This includes the impact of the delay on the accused's well-being, the possibility of oppressive pretrial incarceration, and the potential impairment of the defense's ability to prepare their case.
The right to a speedy trial is an important protection for the accused, ensuring that they are not subjected to prolonged uncertainty, anxiety, or unfair incarceration while awaiting trial. It also helps maintain the integrity of the justice system by requiring efficient and timely processing of criminal cases.
In addition to the Sixth Amendment, the Fifth Amendment's Due Process Clause also addresses the timely processing of cases, further emphasizing the importance of protecting the rights of the accused in criminal proceedings.
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The right to an impartial jury
The Sixth Amendment guarantees the right of an accused person to a trial by an impartial jury. This right is part of the US Constitution's Bill of Rights and applies to both state and federal trials. An impartial jury consists of independent people from the surrounding community who are willing to decide the case based solely on the evidence presented in court.
The Sixth Amendment provides that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed". This means that the state cannot drag out a case for an unreasonable amount of time or try it behind closed doors. The accused has the right to a jury that is impartial, with no fixed opinions about the defendant's guilt or innocence.
Over the years, a substantial body of law has developed regarding jury selection and the conduct of jury trials. The right to an impartial jury is often protected through the jury voir dire process, where prospective jurors are questioned to determine their suitability. This process aims to expose any biases, known or unknown, that potential jurors may hold. However, as noted by the Supreme Court, there is no rigid formula for determining the necessary depth or breadth of voir dire questioning.
The Supreme Court has ruled on several cases involving the right to an impartial jury. Notable examples include Remmer v. United States, where the Court found that an attempted bribe of a juror violated this right, and Hernandez v. Texas, where the exclusion of Mexican Americans from a jury was deemed unconstitutional. These rulings underscore the importance of maintaining impartiality and treating all individuals equally during jury selection.
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Freedom of speech, press and religion
The US Constitution guarantees numerous individual rights against abuses by law enforcement. The Fifth and Fourteenth Amendments, for example, state that the state may not deprive a person of "life, liberty, or property, without due process of law".
The First Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, protects freedom of speech, press, and religion. It prevents Congress from making laws that infringe on these freedoms. The First Amendment protects the right to receive information and ideas, regardless of their social worth, and to be generally free from governmental intrusions into one's privacy and control of one's own thoughts.
Free speech means the free and public expression of opinions without censorship, interference, or restraint by the government. The term freedom of speech in the First Amendment encompasses the decision about what to say and what not to say. The speech covered by the First Amendment includes many ways of expression and therefore protects what people say as well as how they express themselves.
The First Amendment also protects the freedom of the press. This means that individuals have the right to express themselves through publication and the dissemination of information, ideas, and opinions without interference, constraint, or prosecution by the government. In Murdock v. Pennsylvania (1943), the Supreme Court stated that "Freedom of the press, freedom of speech, freedom of religion are in a preferred position". The Court added that a community may not suppress or tax the dissemination of views because they are unpopular, annoying, or distasteful.
The First Amendment also protects freedom of religion. In McGowan v. Maryland (1961), Justice William O. Douglas illustrated the broad protections offered by the First Amendment's religious liberty clauses: "The First Amendment commands the government to have no interest in theology or ritual; it admonishes the government to be interested in allowing religious freedom to flourish—whether the result is to produce Catholics, Jews, or Protestants, or to turn the p [...]. That would be a complete repudiation of the philosophy of the Bill of Rights".
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Protection from cruel and unusual punishment
The Eighth Amendment to the United States Constitution, adopted in 1791, protects citizens from cruel and unusual punishment inflicted by the state. The amendment also prohibits excessive bail and excessive fines. The Eighth Amendment serves to limit the state or federal government from imposing unduly harsh penalties on criminal defendants before and after conviction. This includes the price for obtaining pretrial release and the punishment for a crime after conviction.
The Eighth Amendment's protection from cruel and unusual punishment has been the subject of much litigation and interpretation over the years. The law is likely always evolving on this issue. Punishments that may be considered "cruel and unusual" include lengthy prison terms for nonviolent offenses or the death penalty for any crime other than capital murder. The Supreme Court has ruled that certain practices are unconstitutional or indecent, even when they were popular with the general public or deemed appropriate by a legislature. For example, the Court has ruled that racial segregation in schools or restaurants and bans on interracial marriage are unconstitutional, despite their popularity in certain regions.
The interpretation of "cruel and unusual" punishment is a complex question. Some Supreme Court justices believe it is the Court's responsibility to make these decisions independently. The probability that an innocent person has been or will be executed offends standards of decency and renders the death penalty cruel and unusual punishment, according to some progressives. Evolving standards of decency will require the Court to prohibit many modern punishments, such as solitary confinement or death-in-prison sentences for children or the mentally ill.
The Eighth Amendment's protection from cruel and unusual punishment is derived from the English Bill of Rights of 1689, which declared that "excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." This provision was inspired by the case of Titus Oates, who was tried for perjury in England in the 17th century. Oates was sentenced to imprisonment, including public whipping and pillory. The punishment was characterised as "barbarous", "inhuman", "extravagant", and "exorbitant".
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Protection from unreasonable searches and seizures
The Fourth Amendment to the United States Constitution protects people from "unreasonable searches and seizures" by the government. This means that the police cannot search a person, their property, or seize their things without a warrant or probable cause. The Fourth Amendment reflects the Framers' intent to avoid the unjust searches and seizures they experienced under English rule.
The Fourth Amendment is often viewed as consisting of two clauses. The first clause protects the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". The second clause states that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized".
The Fourth Amendment does not prohibit all searches and seizures, but only those deemed unreasonable under the law. The determination of what is "reasonable" depends on balancing the intrusion on an individual's Fourth Amendment rights against legitimate government interests, such as public safety. The location of the search or seizure also plays a role in its legality. Searches and seizures inside a home without a warrant are generally considered unreasonable.
The Fourth Amendment's protections have been extended to state courts through the Fourteenth Amendment, as ruled in Mapp v. Ohio (1961). This case established that evidence obtained in violation of the Fourth Amendment is inadmissible in state courts. The Court has also held that the exclusionary rule applies to state courts, meaning that illegally obtained evidence cannot be used to secure a conviction.
There are certain exceptions to the warrant requirement. For example, school officials do not need a warrant to search a student under their authority, as long as the search is reasonable under the circumstances. Similarly, officers at international borders can conduct routine stops and searches. In some cases, officers may conduct a pat-down of the driver and passengers during a lawful traffic stop, even without suspicion of criminal activity.
Over time, the Court has grappled with defining "reasonable" in the context of the Fourth Amendment, particularly with the advent of new technologies that expand the government's surveillance capabilities. As such, the interpretation of the Fourth Amendment remains a dynamic area of law.
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