Your Rights as a Citizen

When a citizen becomes a suspect or defendant, our Constitution guarantees certain rights that must be respected throughout the investigative and judicial process. Should a law enforcement officer, prosecutor, judge, or enacted law or procedure subvert any of these rights, the propriety of a conviction is at stake. In the current climate, these rights are what legalese calls "narrowly construed," in other words, they are interpreted strictly, with little room in favor of the defendant. As such, it is imperative that you know your Constitutional rights should you ever be charged with a crime. The following is a list of rights, definitions of the rights and timeline for attachment. (Note!! Look for our "Anatomy of a Crime" Colloquium for an in depth explanation of your rights in the criminal prosecution arena.)

Click on any of the titles below for details on each particular set of rights.

  • Amendment IV: The Fourth Amendment of the United States Constitution, "search and seizure law," protects the citizen's right to privacy and places limitations on the power of police to make arrests, search people and seize physical items or contraband.
  • Amendment V: Most people associate the Fifth Amendment with "taking the fifth" that is, the right against self-incrimination. However, the Fifth Amendment specifies many rights that must be afforded to a citizen accused of a crime.
  • Amendment VI: The Sixth Amendment attaches upon arrest with a right to counsel, but is most relevant during the trial phase of the prosecution. There are six clauses to the Sixth; each protects the citizen's right to a fair trial.
  • Amendment VII: Short and sweet, the Eighth Amendment protects the citizenry from overzealous, vindictive or mercenary government.
  • Implied Rights: Constitutional rights not explicitly in the text of the Constitution but rather derived from its content as well as reflective of the intent of the Framers.