👨🏻‍⚖️Criminal Justice Unit 6 – Constitutional Law in Criminal Procedure

Key Constitutional Principles

• Supremacy Clause establishes the U.S. Constitution as the supreme law of the land, meaning that federal laws and the Constitution take precedence over state laws and constitutions
• Separation of Powers divides the federal government into three branches (legislative, executive, and judicial) with distinct roles and powers to ensure a system of checks and balances
• 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 national origin
• Incorporation Doctrine applies portions of the Bill of Rights to the states through the Fourteenth Amendment's Due Process Clause, ensuring that states must also protect certain individual rights
• Presumption of Innocence places the burden of proof on the prosecution to establish guilt beyond a reasonable doubt, protecting the accused from wrongful conviction
• Right to Privacy, although not explicitly stated in the Constitution, has been recognized by the Supreme Court as an implied right that protects individuals from unwarranted government intrusion into their personal lives

Historical Context

• Colonial America experienced abuses by British authorities, such as unreasonable searches and seizures, which led to the inclusion of protections in the Bill of Rights
• Writs of Assistance allowed British customs officials to search any property without specific reason or probable cause, leading to resentment among colonists
• Third Amendment, prohibiting the quartering of soldiers in private homes without consent, was a direct response to British abuses during colonial times
• Ratification of the Constitution in 1788 was contingent upon the addition of a Bill of Rights to protect individual liberties from government overreach
• Fourteenth Amendment, ratified in 1868, extended due process and equal protection rights to all citizens, regardless of race, in the aftermath of the Civil War
• Incorporation of the Bill of Rights through the Fourteenth Amendment began in the early 20th century, with the Supreme Court gradually applying portions of the Bill of Rights to the states
• Warren Court (1953-1969) expanded criminal procedure rights, such as Miranda warnings and the right to an attorney, to protect the accused from unfair treatment by law enforcement

Fourth Amendment: Search and Seizure

• Protects individuals from unreasonable searches and seizures by the government
• Requires probable cause for a warrant to be issued, meaning there must be sufficient evidence to believe a crime has been committed or evidence of a crime will be found
• Warrantless searches are generally prohibited, with some exceptions (exigent circumstances, plain view, consent, and searches incident to arrest)
• Reasonable expectation of privacy is a key factor in determining whether a search has occurred, as established in Katz v. United States (1967)
• Exclusionary Rule, established in Weeks v. United States (1914) and applied to the states in Mapp v. Ohio (1961), prohibits the use of evidence obtained through an illegal search or seizure
• Stop and Frisk, allowed under Terry v. Ohio (1968), permits brief detentions and limited searches based on reasonable suspicion of criminal activity
• Border Searches are generally exempt from the warrant requirement due to the government's interest in protecting national security and preventing the entry of contraband

Fifth Amendment: Self-Incrimination and Due Process

• Protects individuals from being compelled to testify against themselves in criminal cases
• Miranda v. Arizona (1966) established the requirement for police to inform suspects of their rights (right to remain silent and right to an attorney) before custodial interrogation
• Double Jeopardy Clause prohibits an individual from being tried twice for the same crime, protecting against multiple prosecutions or punishments
• Grand Jury Clause requires a grand jury indictment for federal felony charges, serving as a check on prosecutorial power
• Due Process Clause ensures fair treatment in legal proceedings and protects individuals from arbitrary government actions
  • Procedural Due Process requires fair procedures in legal proceedings, such as the right to notice and a hearing
  • Substantive Due Process protects fundamental rights from government infringement, even if proper procedures are followed
• Takings Clause requires just compensation when the government takes private property for public use, balancing individual property rights with the needs of society

Sixth Amendment: Right to Counsel and Fair Trial

• Guarantees the right to a speedy and public trial by an impartial jury in criminal cases
• Confrontation Clause ensures the right to confront and cross-examine witnesses, allowing the accused to challenge the credibility and testimony of prosecution witnesses
• Compulsory Process Clause grants the accused the right to obtain witnesses in their favor, ensuring a fair opportunity to present a defense
• Right to Counsel guarantees the assistance of an attorney in criminal proceedings, with Gideon v. Wainwright (1963) extending this right to state cases involving felonies
  • Effective Assistance of Counsel requires attorneys to provide competent representation, as established in Strickland v. Washington (1984)
• Impartial Jury requires the selection of jurors who can be fair and unbiased, with the Sixth Amendment protecting the right to a jury trial in criminal cases
• Public Trial Clause ensures transparency in criminal proceedings, allowing public access to trials and protecting against secret or arbitrary proceedings
• Speedy Trial Clause protects the accused from excessive pre-trial detention and ensures a prompt resolution of criminal charges, with Barker v. Wingo (1972) establishing factors to determine whether a delay violates this right

Exclusionary Rule and Exceptions

• Prohibits the use of evidence obtained through illegal searches, seizures, or interrogations in criminal trials
• Fruit of the Poisonous Tree Doctrine extends the exclusionary rule to evidence derived from the initial illegal search or seizure, preventing the use of tainted evidence
• Good Faith Exception, established in United States v. Leon (1984), allows the use of evidence obtained by officers who reasonably relied on a warrant later found to be invalid
• Inevitable Discovery Exception permits the use of illegally obtained evidence if it would have been discovered through lawful means, as recognized in Nix v. Williams (1984)
• Independent Source Doctrine allows the use of evidence initially discovered through an illegal search if it is later obtained through a separate, legal source
• Attenuation Doctrine permits the use of evidence when the connection between the illegal conduct and the evidence is sufficiently remote or attenuated
• Impeachment Exception allows the use of illegally obtained evidence to impeach a defendant's testimony if they choose to testify in their own defense

Landmark Supreme Court Cases

• Mapp v. Ohio (1961) applied the exclusionary rule to state criminal proceedings, requiring state courts to exclude evidence obtained through illegal searches or seizures
• Gideon v. Wainwright (1963) established the right to counsel in state felony cases, ensuring that indigent defendants have access to legal representation
• Miranda v. Arizona (1966) required police to inform suspects of their rights before custodial interrogation, protecting against self-incrimination and ensuring the right to counsel
• Terry v. Ohio (1968) allowed brief investigative stops and limited searches based on reasonable suspicion, balancing public safety concerns with individual privacy rights
• Chimel v. California (1969) limited the scope of searches incident to arrest to the arrestee's person and the area within their immediate control
• Schneckloth v. Bustamonte (1973) established that consent to a search must be voluntary and that the consenting party need not be aware of their right to refuse
• United States v. Leon (1984) created the good faith exception to the exclusionary rule, allowing the use of evidence obtained by officers who reasonably relied on a warrant later found to be invalid

Modern Challenges and Debates

• Technological Advancements, such as smartphones and GPS tracking, have raised new questions about the scope of privacy rights and the application of the Fourth Amendment
• Surveillance and Data Collection by government agencies and private companies have sparked debates about the balance between national security, law enforcement needs, and individual privacy
• Racial Profiling and Bias in policing have led to calls for reform and greater accountability, with concerns about the disproportionate impact of police practices on minority communities
• Police Militarization, including the use of military-grade equipment and tactics by law enforcement, has raised questions about the appropriate role and scope of police power
• Qualified Immunity, which protects officers from civil liability for constitutional violations in some cases, has been criticized as a barrier to police accountability and justice for victims
• Mass Incarceration and the disproportionate impact of the criminal justice system on marginalized communities have led to calls for sentencing reform and alternatives to incarceration
• Restorative Justice and Community Policing models have gained attention as potential solutions to address the shortcomings of traditional policing and criminal justice approaches, emphasizing rehabilitation, community engagement, and addressing the root causes of crime