ConLaw Final: Concepts

When the right to remain silent or a request for counsel is given…

All questioning must cease immediately

Fruit of the Poisonous Tree

Evidence derived from an illegal confession will be inadmissible only if the statements were involuntary or coerced beyond a violation of Miranda

Exceptions to Miranda

Public Safety (5th Amendment), Non-Testimonial Evidence, Immunity from Prosecution

Non-Testimonial Evidence

DNA, blood, fingerprints, hair samples, voice recognition, image and likeness

Immunity from Prosecution

1. Transactional Immunity - Immunity for the entire act or crime

2. Use Immunity (Testimonial Immunity) - Testimony is off limits, can still be prosecuted for the crime

5th Amendment Due Process

“Nor be deprived of life, liberty, or property without due process of the law”

Due Process - Notice

1. Right to Notice - of the charges and evidence

2. Right to a Hearing - to be heard and present a defense

Two Types of Due Process

1. Procedural: Process must be fair, the game has rules the government must follow

2. Substantive: the rules themselves must be fair

Just Compensation

“Nor shall private property be taken for public use without just compensation”

6th Amendment Clause

“The right to a speedy and public trial by an impartial jury of the state and district…to be confronted by witnesses…and to have the assistance of counsel”

6th Am. Historical Background

There were no jury trials for criminal cases in England, Colonists wanted to ensure citizens had protections against the powerful government

6th Amendment RIghts

Speedy trial, Public trial, Impartial Jury, Trial where the act was committed, Notice of the nature and cause (due process), Confront witnesses, Subpoena witnesses, Counsel (effective and appointed)

Speedy Trial Right

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial”

Purpose of Speedy Trial Right

Reduces harm on the accused who is presumed innocent, provides a more accurate verdict

Speedy Trial Act of 1974

Right to trial no more than 100 days after arrest

Public Trial Competing Rights

6th Amendment: Protect the accused

1st Amendment: Right to freedom of the press

6th Am. Impartial and Local Jury

By an impartial jury of the state and district wherein the crime shall have been committed

Listed in BOR and Article III

Selecting an Impartial Jury

Attorneys question the jury pool (Voir Dire), they can challenge for cause and a limited amount of Preemptory challenges

Jury must be comprised of a fair “cross section” of the community, can’t exclude specific groups of people

6th Am. Right to Confront

“…to be confronted with witnesses against him”

“Confrontational Clause” of the consitution

Hearsay Evidence

Hearsay: An out-of-court statement made by a declarant for the truth of the matter, which is then asserted in court

General rule: inadmissible at trial against a defendant, violates the Confrontation clause

6th Am. Right to Compulsory Process

“To have compulsory process for obtaining witnesses in his favor”

You can subpoena witnesses on your behalf

8th Am. Guarantee Against Excessive Bail/Fines

“Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted”

Denial of Bail

For: capital cases certain violent crimes, threatening witnesses, flight risks

Excessive Bail

Bail is based on the idea of the presumption of innocence, the amount of bail should be just enough to ensure you return to court

Bail Reform Act of 1984

Congress set bail amount for specific crimes, also allowed court to deny bail on basis of “danger” to the community

Expanded when a court could deny bail

Excessive Fines

Applies to AFTER conviction, not incorporated to the states by the 14th Am.

Cruel and Unusual Punishment for…

Mentally disabled, juvenile, and mentally insane defendants

They cannot adequately process why they are being punished

Five Components of the 14th Am (Section I)

Persons born or naturalized in the US are citizens, citizens of states born into, privileges or immunities clause, due process of the law, equal protection of the law

14th Am.

Nationalized the BOR, enacted after Civil War

Equal Protection Clause

Intended to eliminate discrimination, Equal Protection for all races under the law

Rights NOT Incorporated into the 14th Am.

3rd: Quartering, 5th: Grand Jury Indictment, 6th: 12 Person Jury/Unanimous Verdicts, 8th: Excessive Fines

Rational Basis Test

Used on laws affecting general groups

Can the government show a rational basis that a law fulfills a governmental interest

Strict Scrutiny Test

Used when making laws for groups of people based on a protected class

High standard: must demonstrate a compelling and narrowly tailored interest

Protected Classes

Race, gender, orientation, age, alienage, poverty

Barker Test

Case by Case Balancing Test:

Length of Delay

Prosecution’s reason for the Delay

Defendant object/claim speedy right

Harm to Suspect

Proportionality Test

Consider Gravity of the Offense

Compare punishment with other jurisdictions for the same crime

Compare punishment within jurisdiction that received the same punishment