If you live in the United States of America, you know that the Bill of Rights, those first ten changes to the Constitution, give each citizen certain powers and protections from the government. But while these rights contained in the Bill of Rights, commonly understood, provide essential freedoms to us all, very few people in our society actually know what they say. So you never forget, so our government never forgets, here are some of your rights:
THE FOURTH AMENDMENT: Your right against “unreasonable searches and seizures,” and your right against government warrants based on less than “probable cause” are found here. These rights concern your first interactions with law enforcement, and define the limits of governmental power when they search for evidence and when they arrest people. Choices that citizens make both before and after law enforcement gets involved in their affairs may later affect the admissibility of evidence against them at trial: certain conditions at the time of a traffic stop or a police investigation or pursuit may result in evidence being “suppressed,” removed from a criminal trial, because the evidence was tainted by the government’s “unreasonable” conduct. But even unreasonable conduct may be excused, and the evidence admissible, if the citizen’s choices don’t coincide with the Supreme Court’s requirements for the Fourth Amendment to apply. If you don’t know how the Fourth Amendment has been interpreted by the Supreme Court, then you don’t know your Fourth Amendment rights.
THE FIFTH AMENDMENT: Your right against double jeopardy, your right to remain silent, and your right to “due process of law” are found here. These rights control how the criminal justice system may prosecute you. While you cannot directly control how police, prosecutors and courts do their jobs, you do have direct control over your right not to be “compelled” to be “a witness against [yourself.]” If your decision to provide information is voluntary, then evidence that you provide may be used against you. Investigators are allowed much discretion when interrogating suspects. They can even mislead a criminal suspect about what evidence they have so far, and they can make assurances to suspects that may prove to be false. Unless these tactics are documented and preserved, it may be your word against the police during your trial. Only citizens who understand this right to begin with will receive its protections later.
THE SIXTH AMENDMENT: Your right to a “speedy and public trial” by an “impartial jury,” your right to confront witnesses against you, and your right to “Assistance of Counsel” are all found here. These are significant protections for a criminal defendant. Even the poor are provided counsel, though most agencies providing such services are increasingly underfunded and understaffed. A lawyer is supposed to fight for you as hard as possible within the bounds of the law. But a lawyer must also help you make informed decisions about how to handle your case, and offer an explanation of risks and consequences of your choices.
THE EIGHT AMENDMENT: Your right to reasonable bail if arrested, your right to reasonable fines, and your right against “cruel and unusual punishment” are found here. These rights deal with what the government can take from you before, during and after criminal prosecutions. Do you have to mortgage your house to get out of jail? Can you be fined so much that you can’t afford food or housing? Can the government legally kill or torture you? These questions are answered by the Supreme Court’s interpretation of this amendment.
Know your trial rights.
Any person charged with criminal prosecution has a right to a trial. If the charge is punishable by jail, then the defendant has a right to choose a bench trial (in front of a judge) or a jury trial. The defendant has a right to force the government to prove each and every essential element of the crime with evidence that convinces the judge or jury beyond a reasonable doubt. There is much debate over the meaning of that standard of proof; it is higher than a preponderance of evidence, it is higher than clear and convincing evidence. It is the highest standard of proof that exists in our laws. Judges and jurors have to be really, really sure about their verdict so that innocent people aren’t wrongfully convicted.
Defendants have the right to effective assistance of counsel. This means you have a right to have a lawyer at trial who will try to show that the evidence against you is a lie, a mistake, or simply not enough to convict you.
Defendants have right to testify at their trial, and to tell their side of the story. But they don’t have to. They also have a right to say nothing, without anyone commenting on their silence, or suggesting that their silence means guilt. Remember, the defendant has nothing to prove, no burden of proof. The government has the burden of proof of evidence beyond a reasonable doubt. If they fail to meet their burden, the defendant wins.
Defendants have a right to compel witnesses to testify, to force people to come to court and tell what they know if what they know will help your case.
Most people chose to waive, or give up, these rights in order to get a better resolution. Your lawyer must be convinced that you know and understand your rights. The judge must also be sure you know your rights, before asking you to give them up. Accordingly, be sure to educate yourself about your trial rights.
