Why do criminal suspects have rights? Discuss some of the constitutional safeguards for criminal defendants set forth in the Bill of Rights.

Question

What will be an ideal response?

Answer 1

Answers will vary. Criminal suspects have rights because all persons are entitled to the protections afforded by the Bill of Rights. If criminal suspects were deprived of their basic constitutional liberties, all people would suffer the consequences, because there is nothing to stop the government from accusing anyone of being a criminal. In a criminal case, a state official (such as the district attorney, or D.A.) prosecutes the defendant, and the state has immense resources that it can bring to bear against the accused person. By protecting the rights of accused persons, the Constitution helps to prevent the arbitrary use of power by the government.The constitutional safeguards for criminal defendants include the following:The Fourth Amendment protection from unreasonable searches and seizures The Fourth Amendment requirement that no warrant for a search or an arrest be issued without probable cause-cause for believing that there is a substantial likelihood that a person has committed or is about to commit a crimeThe Fifth Amendment requirement that no one be deprived of "life, liberty, or property, without due process of law"The Fifth Amendment prohibition against double jeopardyThe Fifth Amendment provision that no person can be required to be a witness against (incriminate) himself or herself, also referred to as the constitutional protection against self-incriminationThe Sixth Amendment guarantees of a speedy trial, a trial by jury, a public trial, and the right to confront witnessesThe Sixth Amendment guarantee of the right to counsel at various stages in some criminal proceedingsThe Eighth Amendment prohibitions against excessive bail and fines and against cruel and unusual punishments