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Understanding Rights of the Accused: The Fourth, Fifth, Sixth, and Eighth Amendments

This article explores the fundamental rights of the accused under the U.S. Constitution, focusing on the Fourth, Fifth, Sixth, and Eighth Amendments. It discusses protections against unreasonable searches and seizures, the importance of warrants, the right to remain silent, the guarantee of legal counsel, and safeguards against double jeopardy and cruel punishments. Key Supreme Court rulings set the standards for these rights, seeking to balance law enforcement needs with individual freedoms. Learn how these amendments shape justice and protect defendants.

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Understanding Rights of the Accused: The Fourth, Fifth, Sixth, and Eighth Amendments

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  1. Winning, until proven guilty … Rights of the Accused

  2. Searches and Seizures • The Fourth Amendment protects from unreasonable searches and seizures • Searches must be conducted with a court warrant – probable cause • Exclusionary rule restricts the use of illegally obtained evidence.

  3. Searches and Seizures • In 1967 the Supreme Court reversed an earlier ruling permitting wiretapping. • In 1968 Congress passed a statute requiring a court order before using wiretapping to obtain evidence. • Supreme Court rulings in 1985 and 1987 limited the warrant requirement for legally stopped cars and for students and their property in school. • Recent rulings clarified “knock and announce” rule and duel occupancy searches

  4. Self-incrimination • The Fifth Amendment protects witnesses before grand juries and congressional investigating committees. • The Fifth Amendment also protects defendants against forced confessions. • The Escobedo (1964) and Miranda (1966) decisions expanded the protections of persons arrested as suspects in a criminal case.

  5. Guarantee of Counsel • The Sixth Amendment guarantees a defendant the right to an attorney. • In federal cases, courts generally provide an attorney for defendants who cannot afford one. • 14th Amendment requires state courts also provide attorneys for defendants.

  6. Double Jeopardy • The Fifth Amendment protects accused persons from double jeopardy, or being tried twice for the same crime • person may be tried more than once for the same act when a crime violates both a federal and a state law. • It is not double jeopardy if a single act involves more than one crime • defendant may be tried for each offense • In the case of a hung jury, a second trial is not double jeopardy.

  7. Cruel and Unusual Punishment • The Eighth Amendment forbids cruel and unusual punishment. • Capital Punishment most often challenged under 8th amendment • Briefly banned in 1970s, later affirmed as constitutional • Administration of the death penalty is an ongoing controversy under this amendment • lethal injection, minors, mentally ill

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