Constitutional Law Rights of the Accused

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Constitutional LawRights of the Accused

• Chapter One
• Bill Henry
• 2006

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The Image of Rights

• The U.S. Constitution is the foundation of the
  United States Government. By definition
• An enactment of the people, providing for the
  form of government and defining the powers of the
  several departments of government, thus creating
  a fundamental law, which is absolute and
  unalterable except by the authority by which it
  was enacted.

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Constitution

• Created the three branches of government
• Legislative (writes law)
• Executive (enforces law)
• Judicial (interprets law)
• In its final state, it was ratified by 11 of 13
  colonies in 1788, by all colonies in 1789.
• Created the first dual form of government
  (federal/state)
• First three articles of the original seven are
  referred to as the separation of powers articles

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Constitution

• When we refer to our rights we are actually
  referring to the Bill of Rights.
• Ratified in 1791, comprised of ten amendments
• Intent was to protect citizens from a strong
  national government
• Was necessary to get the constitution ratified

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Bill of Rights

• Five of the original ten amendments are called
  the justice amendments
• First amendment.freedom speech
• Fourth amendment.search and seizure
• Fifth amendment.double jeopardy
• Sixth amendment..speedy trial, right to counsel
• Eighth amendment..cruel-unusual punishment

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Bill of Rights

• The Bill of Rights is a guarantee of individual
  rights only.
• The general reference is Due Process.
• Due process assures that individual rights will
  not be infringed upon and protections provided by
  the Bill of Rights will be adhered to.
• Due process is addressed in the 5th amendment,
  commonly called the due process amendment.
• Ratified in 1791, only the federal government was
  impacted

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Bill of Rights

• Passing of the 14th amendment occurred in 1868
• Also referred to as the due process amendment
• Brought states under the umbrella of the U.S.
  Constitution
• Allowed the U.S. Supreme Court to broaden its
  power base
• U.S. Supreme Court decisions are binding on all
  courts

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Due Process

• Two types of due process
• Substantive protection from arbitrary
  impositions. It is the protection of
  fundamental, basic rights generally resulting
  from judicial interpretation. Two types of
  violations arbitrary restrictions on fundamental
  rights official behavior so outrageous it
  shocks contemporary conscience

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Due Process

• Procedural this is the requirement that
  government use fair procedures when it makes
  decisions that deprive persons of life, liberty
  or property

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Rights

• By definition
• Legally protected interest based on federal,
  state constitutions, statutes, regulations and
  contracts
• Individuals either have too many or not enough
• Debate regarding rights generally divides
  individuals into one of two categories
• Individual rights advocate
• Public order advocate

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Rights

• Individual Rights Advocate
• Believes the individual is not afforded enough
  protections from government. Individuals rights
  take precedence over societys
• Public Order Advocate
• Feels the individual is afforded too many rights.
  Feels the protection of society takes precedence
  over the individual

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Rights

• Rights can be symbolic or they can have
  substance
• Symbolic
• Lacking in strength
• Substance
• Strength to actually affect the justice system in
  the intended manner

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Rights

• Two factors determine whether rights are symbolic
  or substantive
• How the constitution is interpreted by the courts
  and judges
• Will justice officials fulfill their duties and
  respect individual legal protections
• Rights by themselves dont automatically protect
  the individual. It takes action by the justice
  system to make them a reality

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Rights

• People tend to have more faith in the judicial
  branch when it comes to protecting their rights
• Legislative and executive branch are perceived to
  be driven by special interests
• Judicial branch is viewed as being independent
  from the political and special interests process
• Federal judges sit for life
• State judges, once appointed, must stand for
  re-election