The accused have rights, too | Columnists – KPCnews.com

"Innocent until proven guilty."

That's apparently a hard concept for some around northeast Indiana to understand.

And, yes, this is the opinion page, but here's what's sure to prove an unpopular fact: People accused of crimes have rights, too.

I mean, the always-englightened comment section on social media often seems to be a proponent for lynch mob justice give the reins to them and we'll be hanging people daily in the trees on the courthouse square or just drag them out to the lawn and shoot them in the head because that's justice perhaps pining for authoritarian regimes where the "rule of law" is whatever the dictator or oligarchy in power feels like it should be at any given moment.

Thankfully, we live in America where people have rights to due process. People around here can probably recite the Second Amendment by heart, but I can guarantee most don't know the other Bill of Rights amendments that help protect citizens from the state using the law tyrannically.

In fact, five of the first 10 amendments to the constitution deal with matters of law enforcement and criminal justice.

So, here's a refresher course for you all:

Fourth Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Fifth Amendment: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Sixth Amendment: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

Seventh Amendment: "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."

Eighth Amendment: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

These are reasons why police can't just arrest someone because they feel like it or because someone says they should.

These are the reasons why, if arrested, a person must have a bond set (except in a few narrow situations) and, if they have the means to post it, can gain pre-trial release regardless of the charges levied against them.

These are the reasons why there are particular ways to collect evidence and particular ways to present evidence in court, because there also exist methods for attorneys to impeach evidence that has been improperly collected in defense of the accused.

These are the reasons why we don't just drag people straight out onto the courthouse lawn and hang, shoot or beat them to death like the justice system in "The Handmaid's Tale."

These are the reasons why no one is guilty of anything until judged in a court of law beyond a reasonable doubt that they committed the offense, and even then, judges and juries can still get it wrong as proved after the fact.

As a member of the general public, these constitutional rights can seem inconvenient.

They make the process of prosecuting alleged criminals slow, methodical, complicated, difficult. Much harder than just summarily throwing someone you think did something bad into a jail cell and leaving them there to rot.

But, it's a much different story when you're sitting at the defense table.

They protect you from the howling of mobs and they protect you from arbitrary and capricious judgment from those empowered to enforce the law and pass sentence. They ensure that you get a fair shake and, even if you are convicted, set limits on the type of punishment you may receive to make sure that it is reasonably commensurate to the offense committed.

I can't tell you how many times I've seen people complaining and clamoring that so-and-so should be put to death or they should be doing way more time in prison for whatever crime they committed.

It's shocking, however, that you never hear those families take the stand at sentencing hearings and shout with the same conviction when it's their family member about to be struck by the hammer of justice.

There are places in the world where the criminal justice system is swift and merciless, where the rule of law is weak or functionally nonexistant, where police and courts are actually corrupt, and where people, innocent or not, suffer unjust punishment because there is nothing to protect them.

Thankfully, America is not one of those places, because the law has been designed not just to give justice to victims and the public, but to the accused too.

Read the original:
The accused have rights, too | Columnists - KPCnews.com

Related Posts

Comments are closed.