Lesson 12
Lesson 12: Criminal Procedure & Due Process
5th Amendment Overview
Text of the 5th Amendment:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence 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; nor shall private property be taken for public use, without just compensation."
Summary of 5th Amendment
Takings Clause:
Prevents the government from taking private property without just compensation. This means property owners must be compensated fairly for the value of their property taken for public use.
Double-Jeopardy Clause:
Prohibits an individual from being tried twice for the same offense within the same jurisdiction.
Self-Incrimination Clause ("Pleading the 5th"):
Ensures a defendant's right to remain silent and not be forced to testify against themselves.
Double Jeopardy
Duel-Sovereignty Doctrine:
Allows a person to be tried in both state and federal courts for the same act if it violates both jurisdictions. This means that if an act breaches both state and federal regulations, the accused can be prosecuted in each court system without violating double jeopardy principles.
However, it prohibits trials in multiple cities and counties since these jurisdictions derive their sovereignty from the state.
When does Double Jeopardy Apply?:
Trial by Jury: When the jury is sworn in.
Trial by Judge: When the first witness is sworn in.
Collateral Estoppel:
This legal principle prevents retrying a defendant on the same incident even if multiple charges arise from that incident. It applies to a lesser offense unless new evidence emerges.
Generally, defendants can be tried for a criminal violation and subsequently for a related civil action.
When does Double Jeopardy NOT Apply?:
A hung jury does not preclude a retrial.
Manifest necessity that aborts the first trial allows for it to be declared invalid.
If the defendant successfully appeals their conviction unless the appeal is based solely on insufficient evidence of guilt.
Self-Incrimination
Prohibitions:
Protects individuals from being compelled to provide self-incriminating testimony.
Miranda v. Arizona:
Establishes that suspects in custodial interrogation must be informed of their rights and voluntarily waive them.
Key phrase: "Anything you say or do can be used against you."
If Miranda rights are not properly administered, the statements made during interrogation are generally inadmissible in court but may be used in other contexts to suggest a defendant's testimony lacks credibility.
Definitions:
Custody: A situation where a person does not reasonably feel free to leave. Example: Roadside stops are not considered custody, but once an arrest occurs, the suspect is in custody.
Interrogation: Refers to any words or conduct by law enforcement likely to elicit an incriminating response from a suspect. Interrogation does not include voluntary communications made to informants, as suspects do not view them as police.
Rights under Self-Incrimination:
Right to Remain Silent: Must be affirmatively asserted by the individual. Once invoked, police must stop questioning unless:
A reasonable amount of time has passed.
The defendant initiates further conversation.
Right to Counsel: After a request for counsel, no further questioning can occur until an attorney is present or the defendant chooses to re-engage voluntarily with law enforcement.
Voluntary Nature of Statements:
For self-incriminating statements to be admissible under the Due Process Clause, they must be voluntary.
Harmless Error Rule: This rule states that coerced confessions may be admitted as evidence if they did not influence the case's outcome.
6th Amendment Overview
Text of the 6th Amendment:
"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…"
Summary of 6th Amendment
Right to Counsel:
Defendants have the right to counsel at all critical stages of criminal prosecution once judicial proceedings have started.
Right to Speedy Trial:
This right begins once the defendant has officially been charged with the crime.
Right to Jury Trial:
Specifically applies to serious offenses that may result in imprisonment for six months or more.
Right to Confront Witnesses:
Grants defendants the right to face their accusers in court.
Right to Counsel
Offense Specificity:
The right to counsel is offense-specific. Police may question about unrelated offenses without attorney presence.
Defendants have the right to their attorney during any line-up post-charge.
Once indicted, the government cannot employ an informant to elicit statements from defendants regarding the charges.
Effective Assistance of Counsel:
Defendants are entitled to effective legal representation in criminal trials. An attorney must present all legitimate claims that are not frivolous and must adhere to client directives that significantly influence case outcomes while determining the legal strategies.
Ineffective Assistance of Counsel Criteria:
Performance must fall below the standard of care expected from a competent defense attorney, AND the outcome of the trial would have likely been different if not for the ineffective counsel.
Pro Se Representation:
This allows individuals to represent themselves in court; however, it is generally advised against as outcomes are significantly unfavorable for defendants without legal expertise.
Right to a Speedy Trial
The right is triggered upon the defendant being charged with a crime.
Totality of the Circumstances Standard:
Assessment of violation involves examining all relevant factors, including:
Length of the delay in starting the trial.
Whether the defendant asserts this right.
Potential prejudice against the defendant experienced by the court or jury.
Right to a Jury Trial
Application:
Applies to serious offenses that entail imprisonment for six months or longer.
Defendants are entitled to a jury comprising no fewer than six jurors.
Requirements for a Jury:
Jurors must reflect a representative cross-section of the community.
Violation occurs if there is evident under-representation of a distinct and significant group.
Guilty Pleas:
Must fulfill two conditions:
Be voluntary.
Be intelligent, meaning defendants understand the implications.
Judges inform defendants of:
Nature of the charges.
Critical elements of the offense(s).
Maximum and minimum mandatory penalties.
The right to plead not guilty and the consequence of pleading guilty, including the waiver of trial rights.
Judges retain the discretion to reject a guilty plea if deemed inappropriate.
Right to Confront Witnesses
Defendants are guaranteed the right to confront witnesses against them in court. However, this right is conditional upon specific circumstances:
If there exists a significant public purpose for not allowing confrontation.
In cases where a defendant's behavior warrants their removal from the courtroom due to misconduct.
8th Amendment Overview
Provides for the right to bail in non-capital offenses and prohibits cruel and unusual punishment.
Demands that all penalties be proportional to the offense committed.
Death Penalty Guidelines:
Judges must instruct jurors to consider mitigating factors thoroughly.
Trial courts can reduce death sentences to life imprisonment but cannot escalate life sentences to death.
Exempts minors and mentally incompetent individuals from capital punishment.
Typically applies to serious crimes such as:
Murder
Robbery or other violent felonies resulting in death (felony murder)
Treason, espionage, and terrorism.
14th Amendment and Due Process
Misidentification Protections:
Prohibits suggestive identification processes, especially when a substantial likelihood of misidentification may occur.
Voluntariness of Confessions:
A confession must be established as voluntary under the totality of the circumstances to be admissible as evidence.
Burden of Proof:
It is the prosecution's responsibility to demonstrate the defendant's guilt beyond a reasonable doubt. Some jurisdictions additionally require defendants to present defenses regardless of the prosecution's claims.