The Rights of Criminal Defendants

The Bill of Rights provides certain rights to criminal defendants during trial. There are two fundamental aspects of the U.S. criminal justice system: The presumption that the defendant is innocent, and the burden on the prosecution to prove guilt beyond a reasonable doubt. Article 1 of the Constitution guarantees a number of other rights for those accused of crimes. The Constitution guarantees writs of habeas corpus and prohibits bills of attainder. Writs of habeas corpus are court orders in which a judge requires authorities to prove that a prisoner is being held lawfully and that allow the prisoner to be freed if the judge is not persuaded by the government’s case. Bills of attainder are laws that declare an act illegal without a judicial trial.

The rights of criminal defendants start with the fourth Amendment where the Constitution protects people from unreasonable searches by the federal government. It also sets out what may not be searched unless a warrant is issued. Over the years, the Supreme Court has interpreted that the police can search the person being arrested, things in plain view of the accused person and places or things that are in the arrestee’s immediate control. The Fourth Amendment can be broken down into three sections, first is to provide protection for a person, his home and belongings, second, to prohibit unreasonable searches and seizures, and thirdly, warrants must be based on probably cause and specifically described as to what must be seized.  The fourth amendment attempts to balance the concerns of the privacy of citizens with the government’s interest in effective law enforcement. In order for most searches a warrant must be present, which is an order issued by a court authorizing the arrest of someone or the search of a specific location. The fourth amendment basically protects the rights of an individual so they are not wrongfully or illegally searched. 

The Fifth Amendment imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing crimes. The Fifth Amendment requires indictment by a grand jury on a federal offence unless the person is in the military and they commit a war crime during wartime. An indictment by a grand jury means that the jurors agree that there is sufficient reason to hold a trial. The Fifth Amendment also gives all citizens accused of major crimes the right to have their cases contemplated by a grand jury before being brought to trial. It also provides protection against double jeopardy and self-incrimination. Taking the Fifth is a short hand for exercising one’s constitutional right not to self-incriminate. The Fifth Amendment  forbids deprivation of life, liberty, or property for public use without just compensation. That means the government cannot throw you in jail unless you have first been taken to a fair trial and you have been found guilty. It also means they cannot take any private property from a person without paying them in one way or another. The right to refuse to answer questions in any government proceeding, on the grounds of possible self-incrimination is also included in the Fifth Amendment.

Furthermore, the Sixth Amendment guarantees to an accused person “the Assistance of Counsel in his defense.” It also provides that a person accused of a crime shall enjoy the rights to a speedy and public trial by an impartial judge. It provides defendants the right to confront witnesses against them. The notion of right to counsel has changed over time. In the past, this provision meant only that an individual could hire an attorney to represent him or her in court. Over time, the Supreme Court has concluded that the state must provide an attorney to indigent defendants in felony cases. The same way, impartiality of jury trials has undergone significant changes over time. Historically lawyers used peremptory challenges to exclude minorities but the Supreme Court soon ruled that these peremptory challenges to specifically exclude a race violated the equal protection clause of the Fourteenth Amendment.

Lastly, The Eight Amendment prohibits “cruel and unusual punishment.” The law “there shall not be cruel and unusual punishment” under the eighth amendment means that society will deem what is cruel and unusual. Medieval practices such as cutting off the hand of a thief are obviously unacceptable forms of punishment in today’s modern society. While the death penalty is used in some states for those who commit the most heinous of crimes, not all states impose such a severe sentence. The Eight Amendment also prohibits excessive bail. Defendants who are not released on bail are being denied the opportunity to prepare their defense.

Over the years, the Supreme Court have interpreted and applied these guarantees in an attempt to balance personal liberty and national safety and security.