US Constitutional Rights for Criminal Defendants
The Bill of Rights and the Fourteenth Amendment
May 16, 2009
The Founding Fathers had recently thrown off the chains of the oppressive British monarchy. They wrote into the US Constitution specific rights for criminal defendants based upon British abuses. Every Constitutional guarantee governs the actions of all federal officials, and the most fundamental rights place limits on the actions of state officials in felony or misdemeanor prosecutions.
Protections in the Original Constitution
While most Constitutional rights relating to criminal procedure are found in the “Bill of Rights” (the first ten Amendments), two important protections exist in Article 1, Section 10.
"No state shall …; pass any bill of attainder, ex post facto law,”
A “bill of attainder” is a law passed to punish a specific person. An “ex post facto law” is a law that makes conduct criminal after it is committed.
The Fourth Amendment
The Fourth Amendment protects citizens against unreasonable searches and seizures without a warrant:
"The right of the people to be secure … against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause… “
While there are exceptions to the warrant requirement, as a general rule, evidence obtained or an arrest made without probable cause is illegal. The evidence can be excluded from court and a citizen can recover damages for an illegal arrest.
The Fifth Amendment
The Fifth Amendment gives rise to the right to an indictment by a Grand Jury for a federal crime, and the right against self-incrimination or to be prosecuted twice for the same conduct in both federal and state cases. The Fifth Amendment guarantees to all federal criminal defendants due process of law.
"No person shall be held to answer for a … crime, unless on a presentment or indictment of a grand jury, … ; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; … “
The Fifth Amendment is the source of part of the Miranda Warnings.
The Sixth Amendment
The Sixth Amendment provides multiple protections from the power of government. It ensures the right to an attorney, the right to compel witnesses to appear at trial, the right to cross-examine ("confront") witnesses at trial, the right to trial by jury, the right to be informed of criminal charges, the right to issue subpoenas and the right to a speedy trial.
“"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury … and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."
The Sixth Amendment is the source of the Miranda Warning regarding the right to an attorney.
The Eighth Amendment
The Eighth Amendment prohibits excessive bail in federal cases and cruel and unusual punishment in all cases.
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
The Fourteenth Amendment
The Bill of Rights as originally adopted granted rights to citizens in prosecutions by the Federal Government. The limitations against Bills of Attainder and Ex Post Facto Laws were the only protections directly addressed against state governments by the Constitution. In the aftermath of the Civil War the Fourteenth Amendment was passed and extended the Bill of Rights guarantees to the states.
“No state shall … deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
The Fourteenth Amendment finished the work started by the Bill of Rights providing that all units of government must provide due process and equal protection to all persons in the United States of America.
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