US Constitutional Rights: Search, Trial, and Self-Incrimination

US Constitutional Protections in Criminal Law

Amendment IV: Unreasonable Searches and Seizures

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

• Exclusionary Rule: Evidence seized illegally may not be used to obtain a conviction.
• Key Case: Mapp v. Ohio (1961).

Amendment V (Part 1): Grand Jury and Double Jeopardy

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb."

• Grand Jury: A group of citizens that determines whether formal charges should be brought against an individual.
• If the Grand Jury finds sufficient evidence, the person is indicted (formally charged).
• Used for all felonies in the federal system.
• No Double Jeopardy: Prohibits being tried twice for the same crime.

Amendment V (Part 2): Self-Incrimination and Due Process

"Nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

• Protection against self-incrimination.
• Relates to Miranda v. Arizona rights.
• Due Process Clause: Ensures fair legal proceedings (also in Amendment XIV).
• Private property cannot be taken for public use without just compensation (e.g., eminent domain).

Amendment VI: Rights in Criminal Prosecutions

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

• Right to a speedy and public trial by an impartial jury in criminal cases.
• Right to be informed of the accusation.
• Right to confront adverse witnesses.
• Right to compulsory process for favorable witnesses.
• Right to Counsel: Assistance of counsel for defense.
• Key Case: Gideon v. Wainwright (1963) applied this right to the states.