512 CAPITAL UNIVERSITY LAW REVIEW [36:511
cases reviewed here include several criminal justice cases involving issues
from mitigation, habeas corpus, and penalties for crime classifications.
The criminal justice cases implicate rights under the Fourth,3 Fifth,4 Sixth,5
and Eighth6 Amendments.7 Also covered here are decisions on the First
3 U.S. CONST. amend. IV states that
[t]he right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
4 U.S. CONST. amend. V states that
[n]o person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any person be subject
for the same offence to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due process of law;
nor shall private property be taken for public use, without just
5 U.S. CONST. amend. VI states that
[i]n all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature
and cause of the accusation; to be confronted with the witnesses against
him; to have compulsory process for obtaining witnesses in his favor,
and to have the Assistance of Counsel for his defence.
6 U.S. CONST. amend. VIII states that “[e]xcessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual punishments inflicted.”
7 Most of the criminal cases originated in the state court systems. The Bill of Rights
amendments to the Constitution were originally not applicable to the states. See Barron v.
Mayor of Baltimore, 32 U.S. (7 Pet.) 243 (1833). Most of the amendments in Bill of Rights
became applicable to the states via the Fourteenth Amendment’s Due Process Clause which
was added to the Constitution following the Civil War. Under the Incorporation Doctrine,
the liberty interest protected by the Due Process Clause is said to have “incorporated” most
of the Bill of Rights into the Fourteenth, which is applicable to the states. See Duncan v.
Louisiana, 391 U.S. 145
(1968). The criminal rights provisions not incorporated into the
Fourteenth Amendment and accordingly not applicable to the states are the Fifth