Changes

===Rights of Criminal Defendants===

===Rights of Criminal Defendants===

The basic rights of criminal defendants include: (1) the right to trial by an impartial jury; (2) the right against unreasonable searches and seizures (usually that means a search without a warrant), (3) the right against Double Jeopardy (being retried after being found not guilty); (4) the right to receive a Miranda warning when taken into custody (established by the Supreme Court decision of ''Miranda v. Arizona''; (5) the right to a hearing before a judge if held in jail (writ of habeas corpus); and (6) protection against cruel and unusual punishment.  There are other rights also.

The basic rights of criminal defendants include: (1) the right to trial by an impartial jury; (2) the right against unreasonable searches and seizures (usually that means a search without a warrant), (3) the right against Double Jeopardy (being retried after being found not guilty); (4) the right to receive a "Miranda warning" (explained below); (5) the right to a hearing before a judge if held in jail (writ of habeas corpus); and (6) protection against cruel and unusual punishment.  There are other rights also.

Why do we protect criminal defendants far more than any other country?  Should we?

The "Miranda warning" is a statement that must be read to all criminal suspects before an officer asks him questions, as established by the Supreme Court decision of ''Miranda v. Arizona'' (1966):

{{cquote|You have 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 speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.}}

Today, however, some conservatives agree with liberals that the federal government has gone too far in expanding its criminal power.  The Patriot Act was passed to combat terrorism, but it has now been used to investigate non-terrorists also.  Almost no conservative is concerned about suspected terrorists in Guantanamo Bay, but conservatives are worried about abuse of federal powers against American citizens. President Bill Clinton’s White House was found to have top secret FBI files on his political opponents.  Do we want a future president to be able to prosecute his adversaries?  Do we want to allow even the chance of that? The Constitution only allows a few federal crimes, like treason or misconduct on the high seas.

 

Today, however, some conservatives agree with liberals in siding with rights of criminal defendants in federal court, because the federal government routinely imposes sentences of 20 years or more for non-violent crimes, or crimes that should be handled at a state or local level, or behavior that some may not even consider to be criminal.  The Patriot Act was passed to combat terrorism, but it has now been used to investigate non-terrorists also.  Almost no conservative is concerned about suspected terrorists in Guantanamo Bay, but conservatives are worried about abuse of federal powers against American citizens.  The Constitution itself authorizes only a few federal crimes, like treason or misconduct on the high seas.

== Amendments 11-27 ==

== Amendments 11-27 ==