LESSON 3

UNIT 4A

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Required Court Case

Gideon v. Wainwright

Rights of Criminal Suspects

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STUDENTS WILL KNOW THAT:

1. Pretrial rights of the accused and the prohibition of unreasonable searches and seizures are intended to ensure that citizen liberties are not eclipsed by the need for social order and security, including:
• Protection against warrantless searches of cell phone data under the Fourth Amendment
• Limitations placed on bulk collection of telecommunication metadata (Patriot and USA Freedom Acts)
• The right to legal counsel, a speedy and public trial, and an impartial jury
2. The debate about the Fourth Amendment involves concerns about public safety and whether or not the government

collection of digital metadata promotes or interferes with public safety and individual rights

3. The due process clause has been applied to guarantee the right to an attorney and protection from unreasonable searches and seizures, as represented by:
• The exclusionary rule, which stipulates that evidence illegally seized by law enforcement officers in violation of the suspect’s Fourth Amendment right to be free from unreasonable searches and seizures cannot be used against that suspect in criminal prosecution
• Gideon v. Wainwright (1963), which guaranteed the right to an attorney for the poor or indigent
4. The Miranda rule involves the interpretation and application of accused persons’ due process rights as protected by the Fifth and Sixth Amendments, yet the Supreme Court has sanctioned a public safety exception that allows unwarned interrogation to stand as direct evidence in court
5. Court decisions defining cruel and unusual punishment involve interpretation of the Eighth Amendment and its application to state death penalty statutes over time

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FOURTH AMENDMENT

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon

probable cause…”

Which event really brought this amendment into public debate?

FOURTH AMENDMENT RIGHTS

The Exclusionary Rule

• Mapp v. Ohio (1961) - The Supreme Court ruled that evidence obtained unconstitutionally cannot be used in court against person from whom it was seized (it must be excluded from the trial)
• Adopted mainly to prevent police misconduct
• Not used if:
• There would be “inevitable discovery” of

the evidence Nix v. Williams 1984

• Police operate “in good faith” that the warrant was valid U.S. v. Leon 1984

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• The Constitution forbids only "unreasonable" searches and seizures
• A police search without consent is constitutionally unreasonable unless it has been authorized by a valid search warrant
• Ex: police use of sobriety checkpoints in enforcing drunk driving laws
• The constitutional requirements of a specific search warrant
• Must describe what places are to be searched
• Must describe what things are to be seized

Even today, some of the issues at the heart of the debates at the

Constitutional Convention still exist.

GOVERNMENT SURVEILLANCE

USA PATRIOT ACT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) - 2001

• The law covered intelligence gathering and sharing by executive branch agencies, points of criminal procedure, and border protection. It also widened authority on tapping suspects’ phones.
• Soon, people began to question the law's constitutionality and its threat to civil liberties.
• Some of the most controversial parts of the Patriot Act surround issues of

privacy and government surveillance. The Fourth Amendment to the U.S. Constitution protects the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . . ." It requires law-enforcement officers to obtain warrants before making most searches.

• Does the government have the right to collect phone and internet data from individuals?

Even today, some of the issues at the heart of the debates at the

Constitutional Convention still exist.

GOVERNMENT SURVEILLANCE

USA FREEDOM Act (Uniting and Strengthening America by Fulfilling Rights and Ending

Eavesdropping, Dragnet-collection and Online Monitoring) – 2015

• Restored in modified form several provisions of the Patriot Act
• Imposes new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency.
• Restores authorization for roving wiretaps and tracking lone wolf terrorists

FIFTH AMENDMENT RIGHTS – DUE PROCESS RIGHTS

• When govt. denies life, liberty or property, it must use fair procedures:
• Observe Bill of Rights
• Provide reasonable notice
• Provide chance to be heard

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• Procedural due process refers to the methods by which a law is enforced; pertains not to the law itself, but to the way in which the law is applied
• Examples of violations of procedural due process:
• Illegal Searches.
• Unfair Court Procedures.

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• Substantive due process places limits on what a government may do; pertains to the content of the law
• Examples of violations of substantive due process:
• Ban on all abortions within a state.
• County ordinance banning all firearms.

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• Example of distinction between procedural and substantive: a law prohibits possession of narcotics (substantive) and

police must generally obtain a warrant before conducting a search for narcotics in one’s home (procedural).

FIFTH AMENDMENT RIGHTS

• No Self-incrimination - the right to remain silent
• You have the right to remain silent
• You do not have to testify against yourself; “I plead the 5^th”
• Designed so that the burden is on the government to prove guilt
• Double jeopardy
• Fifth amendment prevents individual from being tried again (if found innocent)
• Still can be tried by both federal and state governments for the same offense (or by two states)
• Double jeopardy does not forbid civil prosecution after acquittal in a

criminal trial

• Grand Jury Indictment
• Grand jury indictment is necessary in order to require anyone to stand trial for a serious crime
• Grand jurors are concerned with whether there is enough evidence

to warrant a trial

• Plea bargaining - pleading guilty to a lesser offense in return for not having to stand trial for a more serious charge (about 90% of cases end in a plea deal)

• Eminent domain
• refers to the power of the government to take private land for public use under certain circumstances.
• For example, the government may sometimes take someone's house to make room for a new highway or a bridge.

FIFTH AMENDMENT RIGHTS AND THE MIRANDA WARNING

• Miranda v. Arizona (1966) - Supreme Court announced that no conviction could stand if evidence introduced at the trial had been obtained by the police during "custodial interrogation" unless suspects have been:
• Notified that they are free to remain silent
• Warned that what they say may be used against them in court
• Told that they have a right to have attorneys present during questioning
• Informed that if they cannot afford to hire their own

lawyer, attorneys will be provided for them

• Permitted to terminate any stage of the police interrogation

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SIXTH AMENDMENT RIGHTS – “FAIR TRIAL”

1. The Right to counsel
• Judges have an obligation to ensure that all persons subject to any kind of custodial interrogation are represented by lawyers
• Right to counsel extends to all hearings for all offenses for which an accused could be deprived of liberty
• In Gideon v. Wainwright (1963) , the United States Supreme Court ruled that the Sixth Amendment right-to-counsel provision applies to those accused of major crimes under state laws even if it does not involve the death penalty.

SIXTH AMENDMENT RIGHTS – “FAIR TRIAL”

2. Government is obligated to give the defendant a speedy trial
3. Government is obligated to give the defendant a public trial
4. An impartial jury consists of persons who represent a fair cross-section of the community
5. Defendant has the constitutional right to obtain witness in his/her favor

– Constitution gives accused persons the right to be confronted with the witnesses against them

SIXTH AMENDMENT RIGHTS – “FAIR TRIAL”

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An impartial jury consists of persons who represent a fair cross-section of the community

Government is obligated to give the defendant a public trial which means that ordinary people can watch the case

Defendant has the constitutional right to obtain witnesses in his/her favor

Right to adequate legal counsel (right to an attorney) will be provided to you

The defendant is guaranteed a “speedy” trial which means the trial for the alleged crimes will take place within a reasonable time after being arrested. Although most states have laws that set forth the time in which a trial must take place after charges are filed, often the

issue of whether or not a trial is in fact “speedy” enough under the Sixth Amendment comes down to the circumstances of the case itself, and the reasons for any delays.

EIGHTH AMENDMENT RIGHTS

• Bail; no excessive fines
• The Death Penalty
• Eighth Amendment forbids the inflicting of cruel and unusual punishments
• The death penalty is not considered cruel and unusual

punishment in America

• Furman v. Georgia (1972) - Court halted capital punishment until states could administer it in "consistent fashion" decision that ruled on the requirement for a degree of consistency in the application of the death penalty.
• Gregg v. Georgia (1976) - The death penalty does not, automatically, violate the Eighth Amendment.
• If the jury is furnished with standards to direct and limit the sentencing discretion, and the jury's decision is subjected to meaningful appellate review, the death sentence may be constitutional.
• If, however, the death penalty is mandatory, such that there is no provision for mercy based on the characteristics of the offender, then it is unconstitutional.

EIGHTH AMENDMENT

In recent years, the Supreme Court has seen an increase in cases involving the death penalty, hinging on the question of whether certain uses of capital

punishment violate the Eighth Amendment’s protection

against cruel and unusual punishment.

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In their rulings, which group(s) are not eligible for the

death penalty?

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Atkins v. Virginia (2002)

• Ruled that it would be unconstitutional to execute

someone with certain mental handicaps

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Roper v. Simmons (2005)

• Unconstitutional to execute someone who committed a capital offense under the age of eighteen

DECLINE OF EXECUTIONS

Balancing Individual Freedoms with Public Order

The Fourth, Fifth, Sixth and Eighth Amendments provide constitutional protection of the rights of the accused.

What are your rights according to those amendments?

ESSENTIAL QUESTION CFU

Has the government done a good job of balancing individual rights and public order?

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