4.3 The Rights of Suspects

Learning Objectives

By the end of this section, you will be able to:

• Identify the rights of those suspected or accused of criminal activity.

• Explain how Supreme Court decisions transformed the rights of the accused.

• Explain why the Eighth Amendment is controversial regarding capital punishment.

Overview

The Bill of Rights serves not only to protect individual freedoms but also provides critical safeguards for individuals suspected or accused of crimes. This foundation ensures fair treatment within the justice system, reflecting the colonists' experiences with perceived injustices from British authorities. Recognizing the need for rights protection, the framers of the Constitution sought to preserve beneficial aspects of English law while preventing oppressive governance.

Key Amendments Affecting the Rights of the Accused

• Fourth Amendment: This amendment shields individuals from unreasonable searches and seizures, ensuring they are treated justly without unwarranted intrusions.

The Fifth Amendment

• Indictment Requirement: Serious accusations must be initiated with an indictment from a grand jury, although lesser offenses may bypass this requirement in state courts.

• Double Jeopardy: This provision prevents a person from being tried twice for the same crime, although distinct jurisdictions can pursue separate prosecutions for the same act—illustrated by the case of Rodney King, where police officers acquitted in state court were later convicted of federal civil rights violations.

• Right Against Self-Incrimination: The famous phrase "taking the Fifth" emerged from the Supreme Court case Miranda v. Arizona (1966), which established that individuals must be informed of their rights, including the right to avoid self-incrimination, before interrogation by law enforcement.

• Due Process Clause: This clause ensures that legal proceedings are fair and prohibits arbitrary actions by the government, reinforcing the need for just treatment in the legal system.

• Takings Clause: Under this clause, private property cannot be appropriated for public use without fair compensation. This principle is significantly highlighted in the case of Kelo v. City of New London (2005), where the Supreme Court allowed the city to seize homes for commercial development, raising concerns about the proper use of eminent domain and economic justice.

The Sixth Amendment

• The Sixth Amendment guarantees several rights related to criminal prosecutions, including the right to a speedy and public trial by an impartial jury, the right to be informed of the charges, the right to confront witnesses, and the right to legal counsel. This last right was established in Gideon v. Wainwright (1963), where the Supreme Court ruled that individuals who cannot afford legal representation are entitled to a lawyer, emphasizing the crucial role of competent legal counsel in achieving fair trials.

The Seventh Amendment

• This amendment relates to civil trials, ensuring that disputes exceeding twenty dollars are resolved by a jury trial unless both parties agree otherwise. It limits judges' power to reconsider factual determinations already made by a jury, maintaining the traditional division of responsibilities in the courtroom.

The Eighth Amendment

• The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments. It has become especially contentious regarding capital punishment. Recent Supreme Court rulings have refined the use of the death penalty, prohibiting executions of individuals with intellectual disabilities and minors at the time of their crimes, altering the landscape of capital punishment laws. Current debates surrounding lethal injections also highlight ongoing discussions about what constitutes cruel and unusual punishment.

Recent Developments and Court Cases

• Eminent Domain and Economic Liberty: The legal and public responses to the use of eminent domain since Kelo v. New London have prompted reforms, particularly in response to concerns that eminent domain has been abused to benefit private businesses.

• Civil Forfeiture: The Fifth Amendment Integrity Restoration Act seeks to address civil forfeiture practices that allow government entities to seize property before conviction, raising significant questions about due process and individual rights in the context of law enforcement practices.

• Shifting Sentiment on Capital Punishment: The trend against the death penalty indicates changing public attitudes, with several states abolishing capital punishment in the wake of wrongful convictions highlighted by advances in DNA technology and awareness of execution injustices.

Conclusion

Understanding these amendments and associated court rulings is vital for grasping the evolving rights of those accused of crimes in the United States. Continuing discussions about these protections play a significant role in shaping legal practices and influencing societal perspectives on justice and fairness in the judicial process.