Virtual and Phone consultations available in all cases.

Schedule Your Consultation Now

Avvo Rating
Expertise
OCBA
State Bar of California
Featured in huffpost Live
Best Attorney
Top Rated Lawyer
Lawyers
Greater Irvine Chamber
Iranian American Chamber of Commerce
2022 Winner Woman-Owned Small Business Award
Winner 2022 Woman-Owned Small Business Award
The National Top 100 Trial Lawyers
America's Top 50 Lawyers 2023

Constitutional Rights Violations

Common Constitutional Violations in Criminal Cases and Landmark Cases

In the United States, the Constitution guarantees certain fundamental rights to all individuals, including those accused of crimes. However, these rights are sometimes violated during criminal investigations and prosecutions, leading to significant legal repercussions. Understanding these common constitutional violations can help defendants recognize potential defenses and the importance of protecting their rights. Here are some of the most common constitutional violations in criminal cases, along with landmark cases where defendants were found not guilty or had charges dismissed due to such violations.

1. Fourth Amendment Violations: Unlawful Search and Seizure

The Fourth Amendment protects individuals from unreasonable searches and seizures. Law enforcement must obtain a warrant based on probable cause to conduct most searches. Violations occur when officers conduct searches without a warrant, without probable cause, or exceed the scope of a warrant.

Landmark Case: Mapp v. Ohio (1961)

  • Summary: Police officers forcibly entered Dollree Mapp’s home without a proper warrant and found obscene materials.
  • Outcome: The U.S. Supreme Court ruled that evidence obtained through an illegal search and seizure is inadmissible in state courts. This established the exclusionary rule, which prevents unlawfully obtained evidence from being used in court.
2. Fifth Amendment Violations: Self-Incrimination and Due Process

The Fifth Amendment protects against self-incrimination and ensures due process of law. Violations occur when defendants are coerced into confessing, not informed of their rights, or subjected to unfair legal processes.

Landmark Case: Miranda v. Arizona (1966)

  • Summary: Ernesto Miranda was arrested and confessed to a crime without being informed of his right to remain silent or his right to an attorney.
  • Outcome: The U.S. Supreme Court ruled that suspects must be informed of their rights before interrogation, leading to the creation of the "Miranda Rights." Miranda’s conviction was overturned because his confession was obtained without these warnings.
3. Sixth Amendment Violations: Right to Counsel and Fair Trial

The Sixth Amendment guarantees the right to a speedy and public trial, an impartial jury, and the assistance of counsel. Violations occur when defendants are denied legal representation, face biased juries, or endure delays that prejudice their defense.

Landmark Case: Gideon v. Wainwright (1963)

  • Summary: Clarence Gideon was denied a lawyer during his trial for burglary because he could not afford one.
  • Outcome: The U.S. Supreme Court unanimously ruled that state courts are required to provide legal counsel to defendants who cannot afford an attorney, ensuring the right to a fair trial.
4. Fourteenth Amendment Violations: Equal Protection and Due Process

The Fourteenth Amendment guarantees equal protection under the law and due process. Violations occur when defendants are discriminated against based on race, gender, or other protected characteristics, or when legal procedures are not followed fairly.

Landmark Case: Brown v. Board of Education (1954)

  • Summary: Although not a criminal case, this landmark decision addressed racial discrimination in public schools, which is analogous to discrimination issues in criminal justice.
  • Outcome: The U.S. Supreme Court declared state laws establishing separate public schools for black and white students to be unconstitutional, setting a precedent for addressing equal protection violations.
5. Eighth Amendment Violations: Cruel and Unusual Punishment

The Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishment. Violations occur when defendants are subjected to inhumane treatment, disproportionate sentences, or excessive bail amounts.

Landmark Case: Furman v. Georgia (1972)

  • Summary: The death penalty was imposed in a way that was found to be arbitrary and discriminatory.
  • Outcome: The U.S. Supreme Court ruled that the arbitrary application of the death penalty constituted cruel and unusual punishment, leading to a temporary halt of capital punishment in the U.S. and a reevaluation of death penalty laws.
Conclusion

Constitutional violations in criminal cases can have profound impacts on the outcome of trials and the protection of individual rights. Landmark cases like Mapp v. Ohio, Miranda v. Arizona, Gideon v. Wainwright, and Furman v. Georgia highlight the importance of safeguarding constitutional protections against unlawful search and seizure, self-incrimination, denial of counsel, and cruel and unusual punishment. Understanding these violations helps ensure justice and the proper functioning of the legal system.

Client Reviews
★★★★★
The Johnson Law Group handled a very important and delicate matter with professionalism and a caring manner. Attorneys were knowledgeable, in communications, and provided a top notch service to my need. I highly recommend the Johnson Law Group for your important legal issues. Hardy Jr.
★★★★★
Lauren Johnson-Norris was amazing. She explained everything in ways that were easily understood, & answered all of my question. She was respectful, but also open & honest. She started work on my case the first day we met & got results quickly. She demonstrated passion, concern, and showed true feeling for my situation. My expectations were greatly exceeded. I would say she has an incredible attention for detail, & has a real dedication to her work. Lauren Johnson-Norris would be my first recommendation to any of my family or friends similarly in need of legal assistance. Heather
★★★★★
I researched a lot of attorneys and had met with two attorneys before speaking with Ms. Johnson-Norris and retaining her. I was facing serious charges that could not be on my record, due to my job and was really scared. I felt hopeless & thought my life was ruined...until I found Ms. Johnson-Norris… A criminal defense client (drug case)
★★★★★
She is on point. She knows her field well. I have to give credit where credit is due, you deserve it Lauren Johnson-Norris… Anonymous, Victim of Domestic Violence
★★★★★
Lauren Johnson-Norris was my saving grace. I naively thought you were innocent until proven guilty. However, I soon discovered that CPS and family court does not see things that way… Mrs. G, a CPS client