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Posted: August 16th, 2022
Constitutional Protections
Constitutional Protections
Using Lexis, locate and brief a recent U.S. Supreme Court decision that discusses one of the constitutional protections given to a criminal defendant.
For this week’s assignment, brief a recent (within the last 10 years) United States Supreme Court case. The citation should have either U.S. in it or Sup. Ct. in it. Here’s an example of a Supreme Court case citation.
Gideon v. Wainwright, 372 U.S. 335 (1963) – don’t use this one, though 🙂
Kansas v. Ventris is a case that occurred after Donnie Ray Ventris was arrested and charged for murder, robbery, and burglary in 2004. Ventris offered testimony to his cellmate who was set up t derive information from Ventris. During the prosecution, his cellmate provided evidence of his recruiting to uncover incriminating information from Ventris. Therefore, the testimony was denied during prosecuting because it violated Ventris Sixth Amendment, which entitles him to a right to counsel and a right to waiver counsel.
Later, the testimony was used for impeachment purposes, and the defendant was convicted form burglary and robbery. However, the Kansas Supreme Court reversed the impeachment stating that the statements that Ventris admitted to his cellmate should not be utilized for impeachment or any purpose at all. Ventris argues that his voluntary statements waived his Sixth Amendment right to counsel. In 2008, the Supreme Court determined that the statement obtained from the criminal defendant can still be admitted for impeachment purposes. The conclusion stated that the confession could be used at the impeachment depending on the nature of the constitutional guarantee that it violated (Lefcourt,2006).
The Sixth Amendment gives the defendant a right to counsel, but the rights also prohibit police manipulation that deprives the defendant of his counsel rights. The defendant requires counsel for advice and legal aid that would help him. Regardless, the police violation and the defendant’s waiver and incrimination statements are violated a prophylactic rule (Miller,2009). The Fifth Amendment prohibits self-incrimination rules by way of impeachment that is introduced during the coercion of a confession at trial (Zappala,2012). Finally, the defendant was convicted on the basis that the right of uncounseled interrogation cannot be infringed when it is admitted into evidence.
References
Lefcourt, G. B. (2006). Responsibilities of a Criminal Defense Attorney. Loy. LAL Rev., 30, 59.
Miller, M. L. (2009). Public argument and legislative debate in the rhetorical construction of public policy: LAL Rev., 70, 80
ZappalĂ , S. (2012). The Rights of Victims v. the Rights of the Accused. Journal of International Criminal Justice, 8(1), 137-164.
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