8.3: Constitutional Rights and Defenses
- Page ID
- 42033
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\(\newcommand{\avec}{\mathbf a}\) \(\newcommand{\bvec}{\mathbf b}\) \(\newcommand{\cvec}{\mathbf c}\) \(\newcommand{\dvec}{\mathbf d}\) \(\newcommand{\dtil}{\widetilde{\mathbf d}}\) \(\newcommand{\evec}{\mathbf e}\) \(\newcommand{\fvec}{\mathbf f}\) \(\newcommand{\nvec}{\mathbf n}\) \(\newcommand{\pvec}{\mathbf p}\) \(\newcommand{\qvec}{\mathbf q}\) \(\newcommand{\svec}{\mathbf s}\) \(\newcommand{\tvec}{\mathbf t}\) \(\newcommand{\uvec}{\mathbf u}\) \(\newcommand{\vvec}{\mathbf v}\) \(\newcommand{\wvec}{\mathbf w}\) \(\newcommand{\xvec}{\mathbf x}\) \(\newcommand{\yvec}{\mathbf y}\) \(\newcommand{\zvec}{\mathbf z}\) \(\newcommand{\rvec}{\mathbf r}\) \(\newcommand{\mvec}{\mathbf m}\) \(\newcommand{\zerovec}{\mathbf 0}\) \(\newcommand{\onevec}{\mathbf 1}\) \(\newcommand{\real}{\mathbb R}\) \(\newcommand{\twovec}[2]{\left[\begin{array}{r}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\ctwovec}[2]{\left[\begin{array}{c}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\threevec}[3]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\cthreevec}[3]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\fourvec}[4]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\cfourvec}[4]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\fivevec}[5]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\cfivevec}[5]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\mattwo}[4]{\left[\begin{array}{rr}#1 \amp #2 \\ #3 \amp #4 \\ \end{array}\right]}\) \(\newcommand{\laspan}[1]{\text{Span}\{#1\}}\) \(\newcommand{\bcal}{\cal B}\) \(\newcommand{\ccal}{\cal C}\) \(\newcommand{\scal}{\cal S}\) \(\newcommand{\wcal}{\cal W}\) \(\newcommand{\ecal}{\cal E}\) \(\newcommand{\coords}[2]{\left\{#1\right\}_{#2}}\) \(\newcommand{\gray}[1]{\color{gray}{#1}}\) \(\newcommand{\lgray}[1]{\color{lightgray}{#1}}\) \(\newcommand{\rank}{\operatorname{rank}}\) \(\newcommand{\row}{\text{Row}}\) \(\newcommand{\col}{\text{Col}}\) \(\renewcommand{\row}{\text{Row}}\) \(\newcommand{\nul}{\text{Nul}}\) \(\newcommand{\var}{\text{Var}}\) \(\newcommand{\corr}{\text{corr}}\) \(\newcommand{\len}[1]{\left|#1\right|}\) \(\newcommand{\bbar}{\overline{\bvec}}\) \(\newcommand{\bhat}{\widehat{\bvec}}\) \(\newcommand{\bperp}{\bvec^\perp}\) \(\newcommand{\xhat}{\widehat{\xvec}}\) \(\newcommand{\vhat}{\widehat{\vvec}}\) \(\newcommand{\uhat}{\widehat{\uvec}}\) \(\newcommand{\what}{\widehat{\wvec}}\) \(\newcommand{\Sighat}{\widehat{\Sigma}}\) \(\newcommand{\lt}{<}\) \(\newcommand{\gt}{>}\) \(\newcommand{\amp}{&}\) \(\definecolor{fillinmathshade}{gray}{0.9}\)A person accused of a crime has rights guaranteed by the US Constitution to ensure the federal government does not unfairly prosecute them. The Bill of Rights–especially the Fourth, Fifth, Sixth, and Eighth Amendments–list the rights of criminal defendants. The Fourteenth Amendment makes these rights applicable to defendants accused of crimes by state governments. In addition, most states have constitutions that have similar protections.
Fourth Amendment
The Fourth Amendment prohibits illegal searches and seizures. If evidence is obtained in violation of the Fourth Amendment, it cannot be used against the defendant in a court of law. For Fourth Amendment requirements to be met, law enforcement officers (the Executive Branch) must obtain a search warrant from a judge (the Judicial Branch) to search a specific area or person for specific items. A search warrant is issued only when a judge determines that probable cause exists. Probable cause exists when the known facts and circumstances would lead a reasonable person to believe that an item sought by the warrant is contraband, is stolen, or is evidence of a crime.
If a valid search warrant is issued, then law enforcement may search the area identified in the warrant for the named item(s) or person. Even if there was no warrant, the items found may still be admissible as evidence. This is because several exceptions to the requirements for a search warrant exist to help law enforcement protect the public and stop crimes as they occur.
| Warrant Exception | Example |
|---|---|
|
Plain View |
Officer is lawfully in store parking lot and sees stolen goods for sale in store window. The officer can seize the items without a warrant. |
|
Crime in Process |
Officer sees man running down the street with a purse while witnesses are yelling that he stole the purse from a woman on the sidewalk. Officer can seize the man and purse without a warrant. |
|
Destruction of Evidence |
Officer responds to suspected drug deal and hears toilet flushing repeatedly and quickly. Officer may enter bathroom and seize drugs. |
|
Emergency/Exigent Circumstances |
Officer responds to a situation where someone may be injured. Officer may enter premises to locate and help injured person. |
|
Consent |
Officer may ask permission to search area that a person owns or controls. If the individual says “yes,” then officer can lawfully search. |
|
Officer Safety |
Officer may do a protective sweep of a suspect’s clothes and immediate area for weapons and contraband within the suspect’s reach to protect the officer’s physical safety. |
|
Incident to a Lawful Arrest |
Once someone is placed under arrest, an officer may search them for weapons and contraband. Officers will also do an inventory search upon arrival at the jail. |
Fifth Amendment
The Fifth Amendment guarantees four important rights:
- The right to avoid self-incrimination;
- The right to due process so that all court proceedings are fundamentally fair;
- The right to be indicted by a grand jury for capital offenses and infamous crimes; and
- The right to be free from double jeopardy.
The Fifth Amendment guarantees that people can choose to remain silent. No one can be compelled to testify against himself or herself or to make self-incriminating statements. If a person does not want to cooperate with the government’s investigation and prosecution of a crime, he or she does not have to. During trial, the prosecution cannot comment on a defendant’s silence and it cannot be used as evidence of guilt against the defendant.
The prohibition against double jeopardy means that a person cannot be tried twice for the same offense by the same governmental body. This prevents the government from harassing individuals with endless prosecutions until they find the “right” jury that is willing to convict. It also requires the government to do its job well the first time it prosecutes a case.
Sixth Amendment
The Sixth Amendment entitles a criminal defendant to:
- A speedy trial;
- A trial by jury;
- A public trial;
- An attorney; and
- The right to confront witnesses.
The purpose of the Sixth Amendment is to ensure transparency in criminal proceedings so the government cannot selectively prosecute dissidents or employ unfair tactics. Defendants are entitled to an attorney during any phase of a criminal proceeding where there is a possibility of incarceration. This means that if a defendant cannot afford an attorney, then one is appointed for him or her at the government’s expense.
Eighth Amendment
The Eighth Amendment prohibits cruel and unusual punishment and excessive fines and bail. Simply put, the Eighth Amendment is an anti-torture amendment. It also prohibits jails from being used against the poor as was commonly practiced in Europe at the time the Constitution was written.
Defenses
Under the exclusionary rule, any evidence the government acquires illegally may not be used at trial. This rule prevents governmental misconduct during the investigation of crimes. The theory is simple: if law enforcement and prosecutors know that illegally obtained evidence cannot be used in court, they will not be tempted to make improper searches or engage in other illegal behavior. The exclusionary rule is one of the most powerful limits on the police power of the government.
Because the exclusionary rule is intended to prevent law enforcement from intentionally overstepping its authority, an exception exists to the rule for when the police act in good faith. Therefore, the exclusionary rule does not protect individuals and businesses from all governmental errors. Instead, it prevents intentional misconduct.
If someone is subject to a custodial interrogation, he or she must first be informed of their Miranda rights. These rights are usually stated as:
You have the right to remain silent. Anything that you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided to you by the state. Do you understand your rights?
The purpose of the Miranda warnings is to ensure that people understand their constitutional rights so they make informed decisions about whether to speak with law enforcement.
Entrapment is another defense available to people accused of crimes. Entrapment means that the criminal intent originated with the police, and therefore the mens rea of the crime cannot be placed on the defendant. Essentially, the rule against entrapment limits the ability of the police to play the role of criminals during undercover investigations. For example, if the police provide a drug dealer with the opportunity to sell drugs to an undercover agent, there is no defense of entrapment because the dealer had the mens rea to commit a crime regardless of the identity of the buyer. However, if the police knock on someone’s door who is not known to be a drug dealer and continues to demand drugs until the person cannot resist and sells the police drugs, then entrapment occurs.