Tried and Convicted How Police, Prosecutors, and Judges Destroy Our Constitutional Rights

by Cicchini, Michael D., JD

• ISBN13: 9781442217171
• ISBN10: 1442217170
• Format: Hardcover
• Copyright: 2012-07-12
• Publisher: Rowman & Littlefield Publishers

Summary

When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional rights. This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today's hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone. Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us, and encourages readers to understand their rights in order to protect themselves and others, should they find themselves on the wrong end of the law.

Table of Contents

Disclaimer-Read This First!	p. ix
Introduction: Our Constitution	p. xi
"How the Hell Did I Wind Up Here?"	p. 1
The Nature of Constitutional Rights	p. 11
"How Can You Defend Those People?"	p. 19
Self-incrimination: You (Sort of) Have the Right to Remain Silent	p. 25
Privacy: You Have the Right to Be Secure in Your Home (Unless We Really Want to Come In)	p. 37
Confrontation: You (Might) Have the Right to Cross-examine Your Accuser	p. 51
Taking a Step Back: Some Procedural Basics	p. 65
You Have the Right to a (Speedy) Trial	p. 77
A Fair and Impartial Jury of Your Peers?	p. 87
Judicial Bias: A Fair Trial in a Fair Tribunal?	p. 99
Prosecutor Misconduct and the "Harmless Error"	p. 109
Plea Bargaining: A Deal Is (Not) a Deal	p. 123
Sentencing: Let the Punishment Exceed the Crime	p. 133
You Have the Right to the (Effective) Assistance of Counsel	p. 141
Moving Forward	p. 151
Further Reading	p. 159
Index	p. 161
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