Law and Civil Rights The Constitution

Introduction
The Constitution is the basis for our government and laws. The rights of defendants, the
underlying principles that guide the trial process, and the effort to provide just and equitable
sentencing all have root in the Constitution and its amendments.

Statues of Justice were portrayed in ancient

Egypt, Greece, and Rome.
The blindfold symbolizes impartiality.
The scales weigh the truth.
The sword represents reprisal against the
guilty.
This Lady of Justice sits before the Shelby
County Courthouse in Memphis, Tennessee.
Photo by Einar Einarsson Kvaran Creative
Commons permission

The United States legal system is bound by these fundamental principles, as enumerated in the
Bill of Rights of the U.S. Constitution. Italics rephrase and emphasize the most important
elements of the Amendments.
Amendment IV: 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.
Generally, private property cannot be searched without a valid search warrant.
Amendment V: 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; 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.

No one can be tried twice for the same crime double jeopardy

No one can be forced to incriminate him/herself the right to remain silent

No one can be punished without due process of law

No one must forfeit his/her property to the government without just compensation

Amendment VI: 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 defense.
The accused has the right to a speedy and public trial with a lawyer and in front of a jury of
his/her peers.
Amendment VIII: Excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted.
Neither bail nor punishment can be excessive.
And, from British Common Law:
The accused is innocent until proven guilty the burden of proof is on the prosecution.
These are the some of the protections to ensure that defendants receive a fair trial. As years of
courtroom proceedings have passed, other protections have been added to create a structure of
accusation, trial, and punishment that is fair to all parties involved.

Interacting with The Law

At one time or another, most residents interact with the police or other law enforcement
agencies. It may be as a victim of a robbery or of an Internet scam. It may be for running a
traffic light or, for teenagers, being out after curfew. In order to ensure that everyones rights are
observed many police departments publish guidelines on the rights of both victims and those
accused. This is a summary of some of those guidelines.

Victim Rights

The victims rights documents that are issued by many state governments are designed to assist
the victim in coping with the emotional trauma of a criminal event, facilitate the victims
participation in the trial, and provide a mechanism for communication between the victim and
other legal agencies.
Types of assistance that may be needed immediately after the crime

Medical and emotional crisis management

Translation services

Protection order or other assistance if subjected to intimidation or harassment

Immediate financial assistance

A formal listing of victims rights with telephone number and email of the person or office
that will be the conduit of information throughout the trial

Procedural steps in a criminal prosecution

Return of any property taken if not needed for evidence in the trial

Restitution guidelines

Fair and respectful treatment and a speedy trial

Assistance, support, and information during the trial

Name and telephone number of the prosecuting attorney

Financial aid to assist in attendance at the trial including transportation and child care

Notification of all criminal proceedings and charges along with the date and place of trial

A separate waiting area during the trial, if available

Opportunity to be a witness and to confer with the prosecutor

Option of refusal to speak to defense counsel

Opportunity to speak at sentencing and to create a Victims Impact Statement

Mediation with employer, if necessary

Assistance after the trial

Return of property

Information on prisoners sentencing, transfer, parole, release with conditions of release,

or escape

Restitution or civil remedy

While victims rights are established by individual states, the rights of the accused often have a
basis in state statutes, common law/case law, and constitutional law. These rights are created to
ensure fair, non-prejudicial charge, arrest, bail, and trial.
Suspects are read the Miranda rights after they are taken into custody by police and before they
are questioned. These rights were established by the Supreme Court decision, Miranda v
Arizona, 384 U.S. 436 (1966)
You have the right to remain silent. If you give up the right to remain silent, anything you say
can and will be used against you in a court of law. You have the right to an attorney. If you
desire an attorney and cannot afford one, an attorney will be obtained for you before police
questioning.

Rights of the Accused

At the time of arrest:
Assumption of innocence unless proven guilty

English Common Law

No arrest without probable cause

Constitution: 4th Amendment and

case law.

Right to silence and freedom from self-incrimination

Constitution: 5th Amendment

Required to provide name and address and license if in an

automobile

Case law

Freedom from unreasonable search and seizure unless with Constitution: 4th Amendment
a properly-obtained search warrant
Performance of a breathalyzer test

Case law

Option of refusing a dexterity test

Case law

Notification of charges

Constitution: 6th Amendment

Protection from excessive bail

Constitution: 8th Amendment

At the time of trial:

A fair and speedy trial

Constitution: 6th Amendment

Notice of all legal proceedings relevant to case

From due process: Constitution:

5th and 14th Amendment

Petition for a writ of habeas corpus presentation before a

judge to request release from unlawful restraint

Constitution: Article 1, Section 9

Counsel supplied by the state if defendant is unable to afford Constitution: 6th Amendment
representation
Due process: fairness and in accordance with the law

Constitution: 5th and 14th

Amendment

Right to be heard at trial

Constitution: 5th Amendment

Knowledge of the prosecutions case against defendant and

the witnesses that will be heard

Constitution: 6th Amendment

Right to confront the accuser

Constitution: 6th Amendment

Trial by jury in any trial where conviction may be

incarceration of more than six months

Constitution: Article 3 & 6th

Amendment

Right to subpoena witnesses

Constitution: 6th Amendment

Protection from excessive fines or cruel and unusual

punishment

Constitution: 8th Amendment

Must be found guilty beyond a reasonable doubt

English Common Law

Unanimous verdict in many criminal cases

English Common Law

Right to Appeal

By statute

Protection from double jeopardy

Constitution: 5th Amendment

Justice and The Legal System

Many courts are specialized according to the types of cases heard. In different jurisdictions and
states, the name and roles of courts vary. The chart below gives a general organization of the
courts in South Carolina. There is a considerable overlap between the courts that is not
displayed in this chart.
Circuit Court
Two divisions

Magistrate Court

Preliminary hearings for criminal cases

Court of Common Pleas: Civil cases of

more than $7,500

Crimes involving fines or limited

incarceration

Court of General Sessions: Criminal

cases

Civil cases of less than $7,500

Probate Court
1. Wills
2. Estates
3. Trusts
Source: http://www.uscis.gov

Municipal Court
1. Municipal code violations such as traffic
tickets
2. Crimes punishable up to one year