Chapter One – Individual Rights Under the United States Constitution
I. History of Criminal Procedure
a. The Magna Carta
i. 1215 agreement between King John of England and English nobility creating certain civil rights.
ii. Due process is referred to as "law of the land" and "legal judgment of peers." Some state constitutions continue to use these phrases.
iii. A legal principle which states that no one should be deprived of life, liberty, or property except by proper legal proceeding. The principle is enshrined in the 39th clause of Magna Carta (1215) which provides that ‘no freeman shall be arrested or imprisoned or deprived of his freehold or ...view middle of the document...
1. Example: After the American Civil War. In Ex parte Garland, 71 U.S. 333 (1866), a federal law required attorneys practicing in federal court to swear that they had not supported the rebellion. In Cummings v. Missouri, 71 U.S. 277 (1867), the Missouri constitution required anyone seeking a professional's license from the state to swear they had not supported the rebellion. The Supreme Court overturned the law and the constitutional provision, arguing that the people already admitted to practice were subject to penalty without judicial trial. The lack of judicial trial was the critical affront to the Constitution, the Court said.
xi. Ex Post Facto Laws - Article I, Section 9, Clause 3; Articles I, Section 10, Clause 1 - A law passed “after the fact.” “[A]ny statute which punishes as a crime an act previously committed, which was innocent when done, which makes more burdensome the punishment for a crime, after its commission, or which deprives one charged with crime of any defense available according to law at the time when the act was committed, is prohibited as ex post facto.” Beazell v. Ohio, 269 U.S. 167, 169-170 (1925).
xii. Trial Rights – Article III, Sections 1 and 2 – The powers of the Courts.
d. Individual Rights in the original Bill of Rights
xiii. Amendment 1
xiv. Amendment 2
xv. Amendment 3 –
3. No soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
4. Historically – before the American Revolution, colonists were frequently required, against their will, to provide lodging and food for British soldiers.
xvi. Amendment 4 –
5. 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 reasonable cause, supported by Oath or affirmation and particularly describing the place to be searches, and the persons or things to be seized.
c. Reasonable cause
i. Place to be searched
ii. What to be seized
xvii. Amendment 5 –
6. 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 offense to be twice put in jeopardy of life or limb; 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...