American Government and Politics Today, Brief Edition, 2014-2015

84 PART oNE • THE AMERiCAN sYsTEM

Writ of

Habeas Corpus

Habeas corpus means,

literally, “you have the

body.” A writ of habeas

corpus is an order that

requires jailers to bring a

prisoner before a court or

judge and explain why the

person is being held.

Arraignment

The first act in a criminal

proceeding, in which the

defendant is brought

before a court to hear the

charges against him or her

and enter a plea of guilty

or not guilty.

In 1996, after two federal appellate courts ruled that state laws banning assisted suicide

were unconstitutional, the issue reached the United States Supreme Court. In 1997, the

Court stated that the liberty interest protected by the Constitution does not include a right

to commit suicide, with or without assistance.^44 The Court left the decision on whether

to permit the practice in the hands of the states. Since then, assisted suicide has been

allowed in only three states—Montana, Oregon, and Washington. In 2006, the Supreme

Court upheld Oregon’s physician-assisted suicide law against a challenge from the George

W. Bush administration.^45

THE gREAT bALANCiNg ACT:

THE RigHTs oF THE ACCusEd

vERsus THE RigHTs oF soCiETY

The United States has one of the highest murder rates in the industrialized world. It is not

surprising, therefore, that many citizens have extremely strong opinions about the rights

of those accused of violent crimes. When an accused person, especially one who has

confessed to some criminal act, is set free because of an apparent legal “technicality,”

many people believe that the rights of the accused are being given more weight than

the rights of potential or actual victims. Why, then, give criminal suspects rights? The

answer is partly to avoid convicting innocent people, but mostly because due process of

law and fair treatment benefit everyone who comes into contact with law enforcement

or the courts.

The courts and the police must constantly engage in a balancing act of competing

rights. The basis of all discussions about the appropriate balance is, of course, the U.S. Bill

of Rights. The Fourth, Fifth, Sixth, and Eighth Amendments deal specifically with the rights

of criminal defendants.

Rights of the Accused

The basic rights of criminal defendants are outlined below. When appropriate, the specific

constitutional provision or amendment on which a right is based is also given.

Limits on the Conduct of Police officers and Prosecutors

n    No unreasonable or unwarranted searches and seizures (Amendment IV).

n    No arrest except on probable cause (Amendment IV).

n    No coerced confessions or illegal interrogation (Amendment V).

n    No entrapment.

n    On questioning, following an arrest, a suspect must be informed of her or his rights.

defendant’s Pretrial Rights

n    Writ of habeas corpus (Article I, Section 9).

n    Prompt arraignment (Amendment VI).

n    Legal counsel (Amendment VI).

n    Reasonable bail (Amendment VIII).

n    To be informed of charges (Amendment VI).

n    To remain silent (Amendment V).

LO5: Identify the constitutional

rights of those who are accused

of a crime, describe the Miranda

and exclusionary rules, and cite

examples of how recent security

concerns have affected our civil

liberties.

44. Washington v. Glucksberg, 521 U.S. 702 (1997).


45. Gonzales v. Oregon, 546 U.S. 243 (2006).

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