🕊️Civil Rights and Civil Liberties Unit 9 – Criminal Justice & Defendants' Rights

Key Concepts and Definitions

• Due process requires that the government respect all legal rights owed to a person and balances the power of law of the land and protects individuals from it
• Probable cause is a reasonable basis for believing a crime may have been committed and the standard by which police have the grounds to make an arrest, conduct a personal or property search, or obtain a warrant
• Exclusionary rule prohibits the use of illegally obtained evidence in a criminal trial and is designed to deter police misconduct
• Double jeopardy clause prohibits an individual from being prosecuted twice for the same offense and is designed to protect against multiple punishments and trials for the same alleged crime
• Plea bargaining is the process whereby a defendant pleads guilty to a criminal charge and waives the right to trial in exchange for a concession from the prosecutor (usually a more lenient punishment or sentence)
• Habeas corpus is a recourse in law that protects individuals from unlawful and indefinite imprisonment by requiring a person under arrest to be brought before a judge or court

Historical Context

• English common law and the Magna Carta (1215) established key principles that influenced the development of criminal justice and defendants' rights in the United States
• Colonial America adopted many English legal traditions but also developed its own legal codes and procedures that varied by colony
• The Bill of Rights (1791) enshrined specific protections for criminal defendants in the Constitution, particularly in the Fourth, Fifth, Sixth, and Eighth Amendments
• The Fourteenth Amendment (1868) extended federal protections to the states, requiring them to provide due process and equal protection under the law
• The Warren Court (1953-1969) issued several landmark rulings that expanded the rights of the accused, including Mapp v. Ohio (1961), Gideon v. Wainwright (1963), and Miranda v. Arizona (1966)
• The "tough on crime" era of the 1970s-1990s saw a shift towards more punitive policies and a narrowing of certain defendant protections

Constitutional Foundations

• The Fourth Amendment protects against unreasonable searches and seizures and requires probable cause for warrants
  • Exceptions to the warrant requirement include exigent circumstances, plain view, consent searches, and searches incident to arrest
• The Fifth Amendment provides several protections, including the right to due process, protection against self-incrimination, and the double jeopardy clause
  • The Miranda warning is derived from the Fifth Amendment and requires police to inform suspects of their rights before interrogation
• The Sixth Amendment guarantees the rights to a speedy and public trial, an impartial jury, and the assistance of counsel
  • The right to counsel has been extended to include court-appointed attorneys for indigent defendants (Gideon v. Wainwright)
• The Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishment
  • The Supreme Court has ruled that this amendment prohibits certain punishments (Roper v. Simmons) and requires individualized sentencing in capital cases (Woodson v. North Carolina)
• The Fourteenth Amendment incorporates many of the protections in the Bill of Rights to the states and guarantees due process and equal protection

Major Supreme Court Cases

• Mapp v. Ohio (1961) applied the exclusionary rule to state courts, prohibiting the use of evidence obtained through illegal searches and seizures
• Gideon v. Wainwright (1963) held that the Sixth Amendment right to counsel applies to state courts and requires the appointment of a public defender for indigent defendants
• Miranda v. Arizona (1966) established the requirement for police to inform suspects of their Fifth Amendment rights before interrogation
• Terry v. Ohio (1968) allowed police to conduct limited "stop and frisk" searches based on reasonable suspicion, a lower standard than probable cause
• Furman v. Georgia (1972) temporarily halted capital punishment nationwide, finding that the death penalty as applied was arbitrary and violated the Eighth Amendment
• Gregg v. Georgia (1976) reinstated the death penalty with new procedural safeguards, finding that it did not violate the Eighth Amendment in all circumstances
• Batson v. Kentucky (1986) held that peremptory challenges in jury selection cannot be used to exclude jurors solely based on race

Rights of the Accused

• The presumption of innocence places the burden of proof on the prosecution to prove guilt beyond a reasonable doubt
• The right to remain silent protects against self-incrimination and allows defendants to refuse to answer questions or testify (Fifth Amendment)
• The right to a speedy trial ensures that defendants are not subjected to unreasonably long periods of pretrial detention (Sixth Amendment)
  • The Speedy Trial Act (1974) sets time limits for federal criminal proceedings
• The right to a public trial ensures transparency and accountability in the criminal justice process (Sixth Amendment)
• The right to an impartial jury requires that jurors be selected from a fair cross-section of the community and be unbiased (Sixth Amendment)
• The right to confront witnesses allows defendants to cross-examine and challenge the testimony of prosecution witnesses (Sixth Amendment)
• The right to assistance of counsel guarantees access to legal representation, including court-appointed attorneys for indigent defendants (Sixth Amendment)

Criminal Justice Process

• Arrest occurs when an individual is taken into custody by law enforcement based on probable cause
• Arraignment is the first court appearance where the defendant is informed of the charges and enters a plea (guilty, not guilty, or no contest)
• Pretrial proceedings include discovery, motions, and plea bargaining
  • Bail or pretrial release may be granted during this stage
• Trial is the formal legal proceeding where guilt or innocence is determined
  • Defendants have the right to a jury trial or may opt for a bench trial (decided by a judge)
• Sentencing occurs after a guilty verdict or plea and determines the punishment for the convicted offender
  • Presentence investigations and victim impact statements may be considered
• Appeals allow defendants to challenge their conviction or sentence in a higher court
  • Grounds for appeal may include legal errors, ineffective assistance of counsel, or new evidence
• Postconviction remedies, such as habeas corpus petitions, allow defendants to challenge the legality of their detention or raise constitutional issues

Challenges and Controversies

• Racial disparities persist in the criminal justice system, with people of color disproportionately arrested, convicted, and sentenced to longer terms
• Pretrial detention can be lengthy and disproportionately affects low-income defendants who cannot afford bail
• Plea bargaining has become the dominant method of resolving cases, with over 90% of convictions resulting from guilty pleas rather than trials
  • Critics argue that this can lead to coerced pleas and the conviction of innocent defendants
• Inadequate funding for public defenders and high caseloads can compromise the quality of legal representation for indigent defendants
• The use of jailhouse informants and eyewitness testimony has been criticized as unreliable and contributing to wrongful convictions
• The death penalty remains controversial, with concerns about racial bias, innocence, and the methods of execution
• Overcriminalization and the expansion of federal criminal law have led to a proliferation of offenses and increased prosecutorial discretion

Modern Applications and Trends

• The use of DNA evidence has led to the exoneration of wrongfully convicted individuals and improved the accuracy of investigations
• Specialized courts, such as drug courts and mental health courts, have emerged to address specific offender populations and provide alternatives to traditional sentencing
• Restorative justice programs, such as victim-offender mediation, seek to repair harm and promote reconciliation rather than solely punitive measures
• The rise of plea bargaining and the decline of trials have led to calls for reform and increased transparency in the plea negotiation process
• Sentencing reforms, such as the elimination of mandatory minimums and the increased use of alternatives to incarceration, have gained support to address mass incarceration
• The impact of technology, such as electronic monitoring, predictive policing, and algorithmic risk assessment, has raised concerns about privacy and fairness
• Efforts to address racial disparities and increase diversity in the criminal justice system, such as implicit bias training and changes to policing practices, have gained momentum in recent years