Interestingly, the federalists tried to argue against the Bill of Rights by essentially saying if an individual right was not mentioned in the Bill of Rights than that omission could set a precedent that the individual did not have that right. Of course now we know that everything that isn’t explicitly protected has been taken from us so I guess it’s good they ultimately lost that debate.
On a somewhat positive note, there are things like the Speedy Trial Act that mandate charges be dismissed if a trial is not brought quickly enough. But it’s often not very effective because they are allowed to delay the trial basically indefinitely if the judge finds it is in the “ends of justice” to do so. There also have been major cases thrown out over Brady (evidence disclosure) violations recently which is a step in the right direction. I think defendants now probably have more rights than they ever did but the problem is that 1) there are way more laws to break today than ever before 2) federal prosecutors are less interested in the public good and more in their political ambitions and careers instead 3) good legal representation has become incredibly expensive.
Of course now we know that everything that isn’t explicitly protected has been taken from us so I guess it’s good they ultimately lost that debate.
And even the things that are explicitly protected are subject to the interpretation of the Constitution, via the ouija board that the Supreme Court uses to contact the "founders".
On a somewhat positive note, there are things like the Speedy Trial Act that mandate charges be dismissed if a trial is not brought quickly enough. But it’s often not very effective because they are allowed to delay the trial basically indefinitely if the judge finds it is in the “ends of justice” to do so. There also have been major cases thrown out over Brady (evidence disclosure) violations recently which is a step in the right direction. I think defendants now probably have more rights than they ever did but the problem is that 1) there are way more laws to break today than ever before 2) federal prosecutors are less interested in the public good and more in their political ambitions and careers instead 3) good legal representation has become incredibly expensive.