👨‍⚖️Criminal Law Unit 8 – Constitutional Issues in Criminal Law

Key Constitutional Principles

• Supremacy Clause establishes the Constitution as the supreme law of the land, taking precedence over state laws and constitutions
• Separation of Powers divides the federal government into three distinct branches: legislative, executive, and judicial, each with its own responsibilities and powers
• Checks and Balances system ensures that no single branch becomes too powerful by granting each branch the ability to limit or check the powers of the other branches
  • Examples include the president's power to veto legislation, Congress's power to override a veto, and the judiciary's power to declare laws unconstitutional
• Due Process Clause guarantees fair treatment through the judicial system, protecting individuals from arbitrary or unjust actions by the government
• Equal Protection Clause requires the government to treat all individuals equally under the law, prohibiting discrimination based on factors such as race, gender, or religion

Historical Context and Development

• The U.S. Constitution, ratified in 1788, established the framework for the federal government and outlined the rights of citizens
• Bill of Rights, comprising the first ten amendments to the Constitution, was added in 1791 to protect individual liberties and limit government power
• 14th Amendment, ratified in 1868, extended due process and equal protection rights to state governments, ensuring that states could not infringe upon the rights of their citizens
• Incorporation Doctrine, developed through Supreme Court decisions, applied portions of the Bill of Rights to the states, requiring them to uphold these rights
• Evolving interpretations of the Constitution by the Supreme Court have shaped the application of constitutional principles to criminal law over time

Fourth Amendment: Search and Seizure

• Protects against unreasonable searches and seizures by the government, requiring probable cause and a warrant in most cases
• Exclusionary Rule, established in Weeks v. United States (1914), prohibits the use of evidence obtained through illegal searches and seizures in federal courts
• Mapp v. Ohio (1961) applied the Exclusionary Rule to state courts through the incorporation of the Fourth Amendment via the 14th Amendment's Due Process Clause
• Exceptions to the warrant requirement include exigent circumstances, plain view, consent, and searches incident to arrest
• Reasonable expectation of privacy, as outlined in Katz v. United States (1967), determines the scope of Fourth Amendment protection
  • Factors considered include the individual's subjective expectation of privacy and society's recognition of that expectation as reasonable

Fifth Amendment: Self-Incrimination and Due Process

• Double Jeopardy Clause prohibits an individual from being tried twice for the same offense, protecting against multiple prosecutions or punishments
• Self-Incrimination Clause grants individuals the right to remain silent and not be compelled to testify against themselves in criminal proceedings
  • Miranda v. Arizona (1966) established the requirement for police to inform suspects of their rights, including the right to remain silent and the right to an attorney, before custodial interrogation
• Due Process Clause ensures fair treatment in legal proceedings and protects against arbitrary government action
• Grand Jury Clause requires that felony charges be brought by a grand jury indictment, serving as a check on prosecutorial power
• Takings Clause prohibits the government from taking private property for public use without just compensation

Sixth Amendment: Right to Counsel and Fair Trial

• Guarantees the right to a speedy and public trial by an impartial jury in criminal prosecutions
• Confrontation Clause ensures the right to confront and cross-examine witnesses testifying against the accused
• Compulsory Process Clause grants defendants the right to compel witnesses to testify on their behalf
• Right to Counsel guarantees access to legal representation in criminal proceedings, as established in Gideon v. Wainwright (1963) for felony cases and extended to misdemeanors in Argersinger v. Hamlin (1972)
  • Effective assistance of counsel, as outlined in Strickland v. Washington (1984), requires that attorneys provide competent representation and that any deficiencies do not prejudice the outcome of the case
• Impartial Jury Clause requires that jurors be unbiased and representative of the community, with the right to challenge potential jurors for cause or through peremptory challenges

Eighth Amendment: Cruel and Unusual Punishment

• Prohibits excessive bail, fines, and cruel and unusual punishments
• Evolving standards of decency, as recognized in Trop v. Dulles (1958), guide the interpretation of what constitutes cruel and unusual punishment
• Proportionality Doctrine, developed through cases like Solem v. Helm (1983), requires that punishments be proportionate to the offense committed
• Categorical restrictions on the death penalty have been established for certain offenders, such as juveniles in Roper v. Simmons (2005) and individuals with intellectual disabilities in Atkins v. Virginia (2002)
• Conditions of confinement in prisons and jails are subject to Eighth Amendment scrutiny, with cases like Estelle v. Gamble (1976) establishing the right to adequate medical care for inmates

Landmark 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): Established the right to counsel in felony cases, requiring states to provide attorneys for indigent defendants
• Miranda v. Arizona (1966): Required police to inform suspects of their rights, including the right to remain silent and the right to an attorney, before custodial interrogation
• Terry v. Ohio (1968): Allowed for limited police stops and frisks based on reasonable suspicion, a lower standard than probable cause
• Furman v. Georgia (1972): Temporarily halted the death penalty nationwide due to concerns over arbitrary and discriminatory application
• Gregg v. Georgia (1976): Reinstated the death penalty with procedural safeguards to address the concerns raised in Furman
• Batson v. Kentucky (1986): Prohibited the use of peremptory challenges to exclude jurors based on race, ensuring a fair and impartial jury

Modern Challenges and Debates

• Racial profiling and discriminatory policing practices, such as stop-and-frisk policies, have raised concerns about equal protection and the disproportionate impact on minority communities
• Advancements in technology, such as cell phone tracking and surveillance, have prompted debates about the scope of privacy rights and the need for updated legal frameworks
• Sentencing disparities, particularly in drug-related offenses, have led to discussions about reforming mandatory minimum sentences and addressing racial inequities in the criminal justice system
• Overcrowding and inadequate conditions in prisons and jails have raised Eighth Amendment concerns and spurred efforts to reduce incarceration rates through alternatives like rehabilitation programs and sentencing reforms
• Wrongful convictions, often due to factors like eyewitness misidentification or false confessions, have highlighted the need for improved safeguards and post-conviction relief mechanisms
  • Innocence Projects and other organizations work to exonerate wrongfully convicted individuals through DNA testing and other means
• Balancing public safety concerns with the protection of individual rights remains an ongoing challenge, particularly in the context of terrorism and national security threats