How Criminal Defense Upholds the Constitution


No matter where you go in this world, every country deals with crime and punishment in its own way. America was founded partly on the belief that criminal defense was an integral part of a just society. Today, defense attorneys continue to protect the rights guaranteed in the Constitution and ensure their sanctity.

Criminal Defense & the Constitution

Criminal defense is an integral part of the United States justice system and has been ever since our country’s inception. In Article III of the Constitution, it says, “The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; (…)” The founders of our country believed in trial by jury because they felt no one man should have absolute power over another person’s fate. Trial by jury attempts to ensure the accused receives a fair and just verdict for their assumed crimes.

A few years after the Constitution was created, the government added the first Amendments. Amendment V of the Constitution states, “No person shall (…) be deprived of life, liberty, or property, without due process of the law.” Criminal defense is a necessary aspect of due process, as defendants’ must have a chance to hold the State to their high burden before the court hands down a sentence.

Lastly, Amendment VI outlines the various rights of the accused in a criminal prosecution. A few of the rights mentioned in this Amendment require criminal defense. The last right of this amendment states, “the accused shall enjoy the right (…) to have the Assistance of Counsel for his defence.” Therefore, experienced criminal defense representation fulfills this right, ensuring all trials in the United States uphold our forefathers’ ideals.

As you can see, criminal defense was as crucial at the start of our nation as it is to us today. Criminal defense attorneys ensure that your right to trial by jury, due process of the law, and assistance of counsel are protected. At Caplan & Tamburino, we will continue to fight for the rights of the accused, fully backed by those who brought the United States into existence.

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