United States Constitutional Protections in Court

All too often when a person is arrested of a crime, they do not know what their rights are. What they do know is the ever familiar Miranda rights given to them by the arresting law enforcement officer. "You have the right to remain silent..." However, the Miranda rights that are given does not completely follow through the whole criminal prosecution process.
The process: arrest, initial appearance, bail, preliminary hearing, charging, grand jury, arraignment, evidence, plea bargaining, trial, sentencing, and appeals.
Knowing which amendments apply during the criminal justice process is very important to a person who goes on trial. But, how are they applied?

The Bill of Rights affords individuals with certain protections that are applicable during a criminal trial. Amendment IV of the Bill of Rights gives citizens of the United States the right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". This amendment applies to the evidence that is presented at trial. The evidence that is presented in court must be obtained legally. An officer should have a warrant that is based on probable cause, through a warrant issued by the court that describes the exact location that is to be searched and taken. If evidence is taken illegally this could cause the case to be dismissed.

Amendment V protects individuals in reference to grand jury, evidence, and re-trial. Amendment V ensures that a person can not be held responsible for a crime unless there is an indictment made by the grand jury. If there is no indictment made by the grand jury, than the case is dismissed (but can be brought up again later). During trial, Amendment V protects an individual from self-incrimination meaning that as a witness if the person is asked a question that may indicate that they were involved in illegal activity, they are allowed to refuse to answer the question by stating "I plead to the 5^th". While we all know what this means, it is a protection while being witness. In addition to these two rights, if a criminal case ends with a not guilty verdict than Amendment V protects individuals from being prosecuted twice for the same crime. If individuals did not have this right, there would be over-zealous prosecutors keeping cases in the courts for years and would cause more backlog on court dockets.

Amendment VI applies to the initial appearance in court, preliminary hearing, arraignment hearing, and trial phase of the criminal court proceedings. In the initial appearance in court and during arraignment, Amendment VI affords the accused the right to know the nature and cause of the crime that they are being accused of. During the preliminary hearing this Amendment gives an individual the right to have a lawyer for their defense. During the trial phase, this Amendment gives the accused the right to a "speedy and public trial, by an impartial jury of the state" where the crime was committed and in addition, allows individuals the right to confront witnesses that are acting against them.

Amendment VIII applies to bail and sentencing. This Amendment attempts to protect individuals against excessive bail in addition to protection during sentencing against excessive fines, and imposition of cruel and unusual punishment. Although this is a right, bail is often allocated and applied based on the crime that is committed and in some cases (ex: murder) bail is not even an option. In addition, the perception on what is cruel and unusual punishment continues to be a major debate in society when the death penalty is applied.

Amendment XIII applies to sentencing in that a person cannot be a "slave or involuntary servitude". However, punishment (sentencing) is allowed. If a person feels like they are being unlawfully detained, they can file what is called a Habeas Corpus.

Habeas Corpus is a protection afforded to individuals through judicial mandate rather than through our Bill of Rights. A habeas corpus claim as applied to a criminal case, is when a person who is being detained can file a dispute with the courts stating that they believe that they are being illegally detained. A prison official will then be ordered to be brought to court to satisfy the dispute.

The law is vague at best. In a criminal proceeding, it is imperative that a person know their Constitutional Rights and how they apply in their case. This way, if there is a need for a court appointed lawyer, they can keep a mindful watch of violations that may occur that some attorneys may chose to overlook. Knowing these rights will ensure that a person receives true justice within America's court system.