Tried and Convicted

How Police, Prosecutors, and Judges Destroy Our Constitutional Rights

Michael D. Cicchini JD

When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections.

This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today’s hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone.

Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us.

Rowman & Littlefield Publishers

Pages: 176 • Trim: 6½ x 9¼

978-1-4422-1717-1 • Hardback • July 2012 • $55.00 • (£42.00)

978-1-4422-1719-5 • eBook • July 2012 • $52.00 • (£40.00)

Subjects: Law / Constitutional, Law / Civil Rights, Law / Civil Law, Law / Court Rules, Law / Courts, Law / Criminal LAW / General, Law / Criminal Procedure, Political Science / Civil Rights, Political Science / Law Enforcement, Political Science / American Government / Judicial Branch

Tried and Convicted

How Police, Prosecutors, and Judges Destroy Our Constitutional Rights

Hardback

eBook

Summary

When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections.

This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today’s hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone.

Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us.

Details

Rowman & Littlefield Publishers

Pages: 176 • Trim: 6½ x 9¼

978-1-4422-1717-1 • Hardback • July 2012 • $55.00 • (£42.00)

978-1-4422-1719-5 • eBook • July 2012 • $52.00 • (£40.00)

Subjects: Law / Constitutional, Law / Civil Rights, Law / Civil Law, Law / Court Rules, Law / Courts, Law / Criminal LAW / General, Law / Criminal Procedure, Political Science / Civil Rights, Political Science / Law Enforcement, Political Science / American Government / Judicial Branch

Author

Michael D. Cicchini, J.D., is a criminal defense lawyer in Kenosha, Wisconsin. Based on his numerous trial wins in felony cases, he has been named among “The Top 100 Trial Lawyers” in Wisconsin by The National Trial Lawyers, and among “The Top Young Lawyers” in Wisconsin by Super Lawyers and Milwaukee Magazine. Cicchini is a coauthor of But They Didn’t Read Me My Rights! Myths, Oddities, and Lies About Our Legal System, and the author of numerous articles on criminal and constitutional law. He also founded The Legal Watchdog blog where he writes on legal and other topics. More information, including the full text of his articles and a link to The Legal Watchdog blog, can be found at www.CicchiniLaw.com.

Table of Contents

Disclaimer
Introduction

1 “How the Hell Did I Wind Up Here?”
2 The Nature of Constitutional Rights
3 “How Can You Defend Those People?”
4 Self-Incrimination: You (Sort of) Have the Right to Remain Silent
5 Privacy: You Have the Right to Be Secure in Your Home
(Unless We Really Want to Come In)
6 Confrontation: You (Might) Have the Right to Cross-examine
Your Accuser
7 Taking a Step Back: Some Procedural Basics
8 You Have the Right to a Speedy Trial
9 A Fair and Impartial Jury of Your Peers?
10 Judicial Bias: A Fair Trial in a Fair Tribunal?
11 Prosecutor Misconduct and the “Harmless Error”
12 Plea Bargaining: A Deal Is (Not) a Deal
13 Sentencing: Let the Punishment Exceed the Crime
14 You Have the Right to the Effective Assistance of Counsel
15 Moving Forward

Further Reading
About the Author

Reviews

In this book, Michael D. Cicchina, a Wisconsin criminal defense attorney, argues quite convincingly that fundamental constitutional liberties are under attack by criminal justice practitioners. ... The author also makes a convincing argument that the right to privacy is a soft law that is routinely violated by governmental agents. ... This book is very eye opening and should be read by anyone who is interested in pursuing a career in law enforcement. It is a concise and well-written work that would make excellent supplemental reading material for virtually any undergraduate or graduate level course related to criminal law or criminal procedure. I strongly recommend this book. Once I opened it, I literally could not stop reading.
— International Criminal Justice Review

Cicchini puts the police, prosecutors and judges on trial—a highly entertaining turn of events!
— Terry Rose, Rose & Rose Law Firm, Senior Partner, Rose & Rose Law Firm, “A” rated by Martindale-Hubbell, the nation’s leading law directory, Named “Lawyer of the Year” by the ACLU of Wisconsin (1991)

In the contrarian spirit of political journalist Christopher Hitchens, Cicchini destroys the prevailing media-driven views on American justice.
— Jay McRoy, Ph.D., professor and chair of English at the University of Wisconsin–Parkside, author, Nightmare Japan and coeditor, Monstrous Adaptations

Tried and Convicted brilliantly demonstrates why our constitutional rights are often not what they seem. Michael Cicchini has written a book that can instantly be understood by non-lawyers, but contains much that even practicing lawyers don't know. So you think you know your rights? Wait until you read this.
— Matthew Flynn, senior partner, Quarles & Brady LLP; author, Pryme Knumber

Hyperbole notwithstanding, Tried and Convicted may be the most insightful, raw, and unvarnished look into the criminal justice system, short of being charged with a crime.
— Amy B. Kushner, Ph.D., coauthor, But They Didn’t Read Me My Rights!, contributing author, 101 Gangster Movies and 101 War Movies