Chapter One: Individual Rights vs. Public Order

Individual Rights vs. Public Order in the American Criminal Justice Process

Overview of the Criminal Justice System

  • The role of the US criminal justice system is to balance individual rights with public safety and order.
  • History has influenced societal understanding of crime and justice.
  • The systems aim to ensure public safety while upholding individual rights, but achieving perfect balance is complex and often unattainable.

Historical Context

Emphasis on Individual Rights (1960s - 1970s)
  • During the civil rights era, there was a significant focus on** individual rights** and criminal defendants' rights.
  • Interest in understanding root causes of crime and violence was increasing.
Shift Towards Public Safety (1980 - 2015)
  • This period saw a focus on public safety and the rights of crime victims.
  • Predatory criminals prompted the public to seek protection, shifting emphasis towards public order.
  • Legislative measures like the Patriot Act asked citizens to sacrifice individual rights for enhanced law enforcement capabilities post-terrorist attacks.
Return to Individual Rights (2020)
  • A pivot occurred with the push for criminal justice reform and heightened awareness surrounding police misconduct.

Terminology: Individual Rights Advocates vs. Public Order Advocates

  • Individual Rights Advocates: Seek to protect personal freedoms within society and the criminal justice process, emphasizing due process.
  • Public Order Advocates: Believe societal interests may overrule individual rights in cases of serious criminal threats.

Contemporary Issues in Rights vs. Order Discourse

  • Immigration and border security
  • Second Amendment and gun control legislation
  • Right to privacy
  • Right to free speech
  • Encouragement for students to reflect on personal views regarding these issues.

Due Process

  • The constitutional requirement for fairness and equity in criminal justice case processing.
  • Defined as procedural fairness, due process recognizes the individual rights of defendants during prosecution.
  • It is guaranteed by the Fourth, Fifth, Sixth, and Fourteenth Amendments of the US Constitution, which comprise the Bill of Rights.
  • Established during the Warren Court era in 1960 under Chief Justice Earl Warren.
  • Due process rights interpretation can vary, with Supreme Court decisions creating legal precedents.
Due Process Rights for Criminal Defendants
  1. Presumption of Innocence: A defendant is considered innocent until proven guilty.
  2. Protection Against Unreasonable Searches: The right against unreasonable searches of person or place.
  3. Probable Cause Requirement: Protection against arrests without probable cause.
  4. Protection Against Unreasonable Seizures: The right concerning unreasonable seizure of personal property.
  5. Right Against Self-Incrimination: Also known as the right to remain silent.
  6. Fair Questioning by Police: The right to fair treatment during police questioning.
  7. Cross-Examination: The right for the defense to cross-examine prosecution witnesses.
  8. Right to Present Evidence: The right to speak at trial and present one’s own witnesses.
  9. Double Jeopardy Protection: Protection against being tried twice for the same crime.
  10. Protection Against Cruel and Unusual Punishment: Ensures humane treatment in sentencing.
  11. Speedy Trial Right: The right to be tried without undue delays.
  12. Right to Counsel: The right to legal assistance during all proceedings.
  13. Protection Against Excessive Bail and Fines: Right against disproportionately high bail and fines.
  14. Equal Treatment Under the Law: The right to be treated equally regardless of race, sex, or personal attributes.

The American Criminal Justice Process

Stages of the Criminal Justice Process
  1. Investigation: Evidence collection and identifying suspects.
    • Law enforcement reconstructs the criminal event.
  2. Arrest Warrant: A judge issues a warrant after law enforcement presents legal cause.
  3. Arrest: Taking a suspect into custody and advising them of their Miranda rights.
  4. Booking: Recording the arrest through pictures, fingerprints, and personal information.
  5. First Appearance: Occurs shortly after arrest; the suspect is informed of charges and rights and may discuss bail.
  6. Preliminary Hearing: A crucial step to determine if sufficient evidence exists to charge the suspect.
  7. Indictment/Information: Officially filing charges; may come from a grand jury in some states.
  8. Arraignment: The defendant appears in court to hear charges and enter a plea (guilty or not guilty).
    • Essential to determine subsequent judicial actions.
    • Can include other types of pleas, like nolo contendere.
  9. Adjudication: The trial phase where prosecution and defense present their cases.
    • A conviction leads directly to sentencing.
  10. Sentencing: The court determines punishment and conditions of correctional supervision.
    • May involve victim impact statements.
  11. Corrections: Post-sentencing period managed by correctional agencies.
    • Includes jail, prison, probation, community service, or fines.
  12. Reentry: Transitioning back into society after serving a sentence, often under parole supervision.
    • Notably, 95% of prison inmates are eventually released.