Finding yourself wrapped up in the criminal justice system is a scary experience. Understanding your fundamental constitutional rights is crucial. While a good criminal defense lawyer will certainly discuss these rights with you, it’s helpful if you understand them ahead of time. 
These core rights are designed to protect us from abuses of power by the government and ensure a fair and just legal system. This post aims to educate by digging into the fundamental constitutional rights given to people in a criminal case and by providing an overview of their importance and application.
The Fifth Amendment: The Right to Remain Silent
One of the better-known constitutional rights guaranteed to us is the right to remain silent, protected under the Fifth Amendment of the U.S. Constitution (as well as Article I § 7 of the Minnesota State Constitution). The core of this right is the idea that a person cannot be compelled to incriminate themselves. That is to say, the government cannot force you to provide evidence against yourself. When an individual is arrested and questioned by law enforcement, they are not required to answer any questions that may incriminate them. The Miranda warning (named after a 1966 U.S. Supreme Court case), which most people recognize from TV, underscores this right – “You have the right to remain silent. Anything you say can and will be used against you in a court of law.”
Exercising the right to remain silent can be crucial in a criminal case. Statements made to police can be misconstrued or taken out of context, potentially harming the defense. It is almost always advisable to consult with a good criminal defense attorney before speaking to the police.
The Sixth Amendment: Right to an Attorney
Among other things, the Sixth Amendment to the U.S. Constitution guarantees everyone the right to legal representation. This right can again also be found in the Minnesota Constitution under Article I § 6. This right ensures that anyone accused of a crime has access to an attorney who can represent them and guide them through the process. As of 1963, the court is required to appoint counsel to people who cannot afford one themselves. This right is fundamental to a fair court process. The deck is already stacked against people accused of crimes who find themselves faced with the full might of the state against them. This right helps to balance the scales of justice by ensuring criminal defendants have an advocate on their side, too.
An experienced criminal defense lawyer can help evaluate the government’s evidence, find weaknesses in their case, and develop a defense strategy. They can also negotiate with prosecutors in hopes of securing a fair plea agreement. Without an attorney, someone left to fend for themselves is at a major disadvantage.
The Sixth Amendment: The Right to a Speedy and Public Trial
The Sixth Amendment also guarantees the right to a speedy and public trial (as does Article I § 6). This right serves many purposes. It limits the amount of time that a person can be held in jail without having a chance to fight their case in court, lowers the chance of evidence being lost, and perhaps most importantly ensures transparency during the court process. A public trial allows for the community to see what is happening, which helps make sure that proceedings are fair and just.
Delays in the legal process can have terrible consequences for the accused. Delays can impact your career, your family, and your freedom. If a trial is delayed too long, a skilled criminal defense attorney may be able to get the case dismissed for a violation of this fundamental right.
The Sixth Amendment: Right to an Impartial Jury
An impartial jury is set another right promised to us under the Sixth Amendment (and, again, Article I § 6)! People accused of crimes are entitled to a jury of their peers. An impartial jury is essential to making sure that a trial is fair and the verdict unbiased.
During the jury selection process (known as voir dire), both sides get to question potential jurors to identify possible biases. A skilled criminal defense lawyer plays an important role in this process. Questioning jurors and uncovering biases is a complicated and delicate process, one that a good criminal defense attorney has honed with years of practice.
The Sixth Amendment: The Right to Confront Witnesses
Yet another Sixth Amendment right is the right to confront witnesses. And yet again, a similar provision can be found in Article I § 6 of the Minnesota State Constitution. This right, also known as the “Confrontation Clause” of the Constitution, allows the accused to question any witnesses the state presents to testify against them. This questioning, known as “cross examination”, is a vital aspect of most defense strategies. It allows the defense to challenge the credibility and reliability of the evidence presented against the accused person.
By skillful questioning, a good defense lawyer can uncover inconsistencies, expose biases, and highlight gaps in the prosecution’s case. This process is an important one for ensuring that the evidence used against the accused is reliable and accurate.
The Fifth Amendment: Protection Against Double Jeopardy
This right, along with the State provision found in Article I § 7, protects individuals against double jeopardy, meaning that a person cannot be put on trial more than once for the same offense. Once a person has been convicted or acquitted, they cannot be tried again for the same offense in the same jurisdiction. This provision means that the government cannot repeatedly prosecute someone for the same crime in hopes of eventually getting a conviction.
The Eight Amendment: Protection Against Cruel and Unusual Punishment
The Eight Amendment, as well as Article I § 5, protect individuals against cruel and unusual punishment. This means that the punishment for an offense must be proportional to the severity of the crime and not excessively harsh. It also protects us from inhumane treatment while in custody.
The Fourteenth Amendment: Right to Due Process
Both the Minnesota and Federal Constitutions guarantee the right to due process, which essentially requires that people are treated fairly and justly by the legal system. This particular right encompasses a wide range of protections, including the right to appeal, the right to a fair hearing, and the right to be notified of charges, among other things.
Due process is fundamental to the integrity of the justice system. It helps ensure that people are not deprived of life, liberty, or property without appropriate and fair legal procedures.
The Fourteenth Amendment: Equal Protection
Last on our list is a right guaranteed to everyone under the Fourteenth Amendment of the U.S. Constitution – Equal Protection. Interestingly there is no exact match in the Minnesota Constitution, although references to similar provisions are scattered throughout. This right ensures that all individuals, regardless of race, gender, or other characteristics, are entitled to the same legal protections and rights. This right is crucial to combatting discrimination within the justice system.
Conclusion
Each of these rights is far more complicated than a short blog post can ever describe – there are entire semester law courses in law school designed as an introduction to most of these principles! Overall, they provide the essential framework for protecting anyone facing criminal charges. These rights are designed to protect all of us from abuses of power and to ensure a fair and just legal process. However, these rights are only useful if you are aware of your rights and know how they impact your case. This knowledge is fundamental to the work of a good criminal defense attorney. If you think your rights have been violated, contact us today to see how we can help.
