Of the 27 amendments in the United States Constitution, there are 5 particular ones that protect the basic rights’ of criminals. These rights are offered to all U.S. citizens, and cannot be denied under any circumstances. Whether a person is being tried at a federal or state level, the courts will be asked if prosecuting the defendant violates any of these constitutional laws. Continue reading to learn which 5 amendments in the United States Constitution have to do with criminal matters, and how they continue to protect criminals’ rights.
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⚖ The 4th Amendment
The 4th Amendment prevents the government and law enforcement from implementing unlawful searches and seizures. It mandates that these parties properly request and receive a warrant in order to legally search a suspected criminal’s premises and property, as well as, to seize any personal properties that may serve as evidence. It also states that warrants can only be issued upon probable cause. The only exception to the 4th Amendment rules is under exigent circumstances, which means emergency action must be taken. This applies to kidnapping situations, terrorist threats, and similar emergency circumstances in which law enforcement cannot afford to wait for paperwork to process because lives are in danger. Also, if a person gives law enforcement consent to a search or seizure, a warrant is not needed for them to do so legally.
⚖ The 5th Amendment
This amendment involves double jeopardy, self-incrimination, and more. Under the 5th Amendment, a person cannot be tried twice for the same crime, nor can they be forced to testify against themselves. Lastly, it protects defendants against be deprived of life, liberty, or property prior to due process of the law.
⚖ The 6th Amendment
The 6th Amendment provides important rights for criminals. These are familiar to many people since the Miranda Rights are a well-known part of arrests. They include the right to a speedy trial, the right to a public trial, the right to an impartial jury, the right to be informed of the law and the penalties for violating such law, the right to confront witnesses against you, the right to require witnesses in your favor to testify on your behalf, and of course, the right to an attorney.
⚖ The 8th Amendment
The 8th Amendment covers justice following an arrest. It protects criminals from excessive bail amounts, excessive fines, and cruel and disproportionate punishments.
⚖ The 14th Amendment
The 14th Amendment is special because it prevents states from enacting or enforcing laws that violate the freedoms, liberties, and protections of all U.S. citizens. And just like the 5th Amendment, it protects citizens from dispossession of life, liberty, or property without due process of the law.
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