The Criminal Amendments:
Rights of the Accused
Trends Over Time
Amendments 4, 5, 6 & 8
Procedural Due Process:
Constitutional requirement that government must follow
proper legal procedures before a person can be legitimately
punished for an offense.
In simple terms:
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Protection from wrongful:
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Arrest
Conviction
Punishment
These protections are in the Bill of Rights
Article I, Section 9: habeas corpus
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Suspect has the right to know the specific reason for their
detainment, and they can challenge their detention
Suspicion Phase: Unreasonable
Search and Seizure
Amendment 4
“The right of the people to be secure . . . against unreasonable
searches and seizures . . . but upon probable cause . . .”
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Trend: the standard the police must meet in order to
search has been diminished over time
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Is it legal for police to stop a car for a minor traffic infraction
when their real motive is to search the car?
Is it legal for police to stop motorists at roadblocks?
Is it legal for police to use thermal imaging devices to scan
homes for what might be illegal drug production?
Is it legal for school officials to require drug tests of high
school students?
Is it legal for officers to seize evidence from a scene where the
arrest warrant has expired?
Case Study: Mapp v. Ohio 1961
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Ms. Mapp was charged and convicted of obscene
materials gained through an illegal search of her home.
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The Court had to decide whether materials gained from
an illegal search were admissible as evidence in court.
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The Supreme Court said that materials gained through an
illegal means are not admissible as evidence. This is
known as the exclusionary rule.
Arrest Phase: Protection Against
Self-Incrimination
Amendment 5
Cannot “be compelled in any criminal case
to be a witness against himself.”
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Coerced confessions are not legal
But some harsh interrogation techniques are legal
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Accusations
Yelling
Invading personal space
Lying about evidence
Telling a suspect they failed a polygraph test
Case Study: Miranda v. Arizona 1966
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Ernesto Miranda confessed to kidnapping and rape without
being notified of his freedom from self-incrimination and right
to counsel.
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The Court had to decide whether police needed to inform
suspects of their rights before interrogation begins.
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The Court decided that prosecutors could not use statements
made before a suspect was notified of his rights.
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Notification must be made when the suspect is in custody and
before interrogation.
Trial Phase: The Right to a Fair
Trial
Amendment 6
Case Study: Gideon v. Wainwright: 1963
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Gideon was arrested for burglarizing a pool hall. He was
not given assistance of counsel for his defense.
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The Court had to decide whether depriving a suspect of
an attorney in a non-capital case deprived the suspect of
his Sixth Amendment rights.
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The Court sided with Gideon; they said the right to an
attorney for a non-capital case is essential to due process.
Trend Alert:
 Incorporated
rights for the accused were largely
expanded during the Warren Court (1953-1969)
 Court decisions have greatly narrowed the exclusionary
rule
 Search protections have narrowed over time; Individuals’
freedom from unreasonable search has diminished over
time
Sentencing Phase: Cruel and
Unusual Punishment
Amendment 8
Death Penalty
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Trend: Narrowed use over time
Outlawed for:
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Juveniles
People with mental retardation
People who are clinically insane
War on Terror
Detention of Enemy Combatants
Should individuals suspected of terrorist
acts be informed of their rights?
Hamdi v. Rumsfeld, 2004
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Hamdi is an American citizen, arrested in Afghanistan and
detained in the US. Hamdi, who was being held
indefinitely, was not given access to an attorney or a trial
court.
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The Court had to decide whether Hamdi, an “enemy
combatant,” had been deprived of his ???
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The Court decided that Hamdi’s Fifth Amendment
protections of due process were violated.
Hamdan v. Rumsfeld, 2006
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Hamdan, bin Laden’s chauffeur, was held and tried by a
secret military tribunal
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The Court had to decide whether the military tribunals
were constitutional.
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The Court ruled that the tribunals were unlawful because
they did not provide even minimal protections detainees’
rights.
War on Terror Trend
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Increased presidential (executive branch) authority
Diminished civil liberties, especially during times of
intense security needs
Summary:
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Overall, have we gained or lost civil liberties over time?
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Selective incorporation has increased individuals liberties
over time.
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During times of war, liberties are often diminished.
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The courts are constantly striking a balance between
individual rights and the need for public order.