Identify and discuss the constitutional protections afforded people accused of crimes.
2) If you were in a position to do so, would you increase or decrease the rights available to defendants at trial? Specifically, what might you recommend, and why?
The United States Constitution provides a robust framework of protections for those accused of crimes, primarily located within the Bill of Rights. These protections are designed to ensure that the power of the state is balanced against the rights of the individual, preventing arbitrary or tyrannical prosecution.The United States Constitution provides a robust framework of protections for those accused of crimes, primarily located within the Bill of Rights. These protections are designed to ensure that the power of the state is balanced against the rights of the individual, preventing arbitrary or tyrannical prosecution.
The following amendments form the "shield" for defendants within the criminal justice system:
The Fourth Amendment: Protection from Unreasonable Search and Seizure
Before an arrest or a search of property can occur, law enforcement must generally demonstrate probable cause.
Warrant Requirement: Officers must usually obtain a warrant signed by a neutral judge.
The Exclusionary Rule: Evidence obtained in violation of the Fourth Amendment is generally inadmissible in court (often called "Fruit of the Poisonous Tree").
The Fifth Amendment: Due Process and Self-Incrimination
Right Against Self-Incrimination: An accused person cannot be "compelled in any criminal case to be a witness against himself." This is the basis for "pleading the fifth."
Double Jeopardy: A person cannot be tried twice for the same crime after an acquittal or conviction.
Due Process Clause: The government must follow fair and established legal procedures before depriving a person of life, liberty, or property.