Criminal Constitutional Rights

The United States Constitution provides basic protections to criminal defendants, in order to prevent government abuse of law enforcement powers. These rights spell out the basics, and other laws may not restrict them. The Mississippi state constitution may provide increased protection for these rights, or even add new rights, but even it can not reduce the rights guaranteed by the U.S. Constitution.

There are state and federal rules of criminal procedure, which are designed to ensure that a defendant's rights are protected. In criminal cases, the defendant is presumed innocent until the state brings the suit and shows guilt beyond a reasonable doubt. These rules also spell out how constitutional rights are protected during the entire criminal justice process.

Search & Seizure
A very complex set of warrant requirements and exceptions define how law enforcement officials are to handle the gathering of evidence. The "exclusionary rule" prevents any evidence gathered illegally gathered from being used at trial.

Self-Incrimination
There is a general "right to remain silent," meaning that a defendant does not have to provide testimony against himself or herself.

Assistance of Counsel
A defendant has a right to an attorney at any critical step in a prosecution, not just trial. A critical step could be a custodial interrogation, a line-up, or a sentencing hearing. Even in noncriminal proceedings, where there is the possibility of imposing an essentially criminal punishment, a defendant has a right to counsel.

There can be no restraints on a lawyer's exercise of judgment or legal advice, and counsel must be able to offer effective assistance. It is possible for a defendant to waive this right and represent themselves, if they are able to do so.

Confrontation of Witness
There is a general right to make a face-to-face challenge to prosecution witnesses in court to check the accuracy of their testimony, unless there's a strong reason not to allow it.

Compulsion of Witness
There is a general right for a defendant to produce their own witnesses, so long as rules of procedure are followed.

Speedy Trial
A defendant has a right to a timely trial, but this is a largely relative issue that is largely dependant on the facts of the individual case. However, if a court is convinced that there has been too much delay, the criminal indictment must be dismissed.

Public Trial
The right to a public trial is very rarely limited, and then it is usually done to preserve other rights by preventing publicity from poisoning the jury pool.

Impartial Jury
A defendant can waive jury trial, and may not have the option of a jury trial in "petty" cases. Where a jury is used, it must be drawn from a pool that represents an unbiased cross-section of the community. The jury itself can vary in size, and may not need to reach a unanimous verdict.

Trial in District Where Charged
This is known as "jury of the vicinage," which means that a trial must usually be held in the district where the criminal indictment is made.

Notice of Accusation
The defendant must be made aware of all elements of the charge against them, and facts that the prosecution believes meet them, unless there is a statutory exception that can be shown to apply.

No Cruel or Unusual Punishment
This right includes a right to be free of excessive bail or fines.

NEW - The Mississippi Supreme Court recently ruled in favor of one of Mr. Rundlett's clients based upon the appeal brief written by Mr. Rundlett.  Click here to view the published opinion.