The 8th Amendment to the the US Constitution is another important provision for those facing criminal charges.  It states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”  It serves as a safeguard that the "punishment should fit the crime" and that incarceration before adjudication of guilt or innocence should be reasonable. Because it is a requirement embedded in the Constitution, bail has become a business enterprise in the … [Read more...]

I started with the 4th Amendment earlier this week.  There is another important amendment that guarantees rights in cases where one stands accused of a crime. The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings.  In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.  It also requires that “due process of law” be part of any proceeding that denies a citizen … [Read more...]

The 6th Amendment guarantees a defendant the right to a fair and speedy trial but how is that a useful right if it's rarely used? The U.S. Courts government website says about 10% of cases go to trial. For federal charges, the National Association of Criminal Defense Attorneys did a study and found only about 3% go to trial.  The 6th Amendment calls for a speedy and public trial in front of a jury, but the common practice of plea deals keeps many cases from reaching that point. Plea … [Read more...]