Rights of the accused
Encyclopedia
The rights of the accused is a "class" of civil and political rights that apply to a person accused of a crime
, from when he or she is arrest
ed and charged
to when he or she is either convicted or acquitted
. Rights of the accused are generally based on the maxim of "innocent until proven guilty
" and are due process
.
In the United States
, these rights are guaranteed in the Bill of Rights
(the first ten amendments to the United States Constitution), particularly in the Fourth
, Fifth
, Sixth
, and Eighth Amendments
.
The rights of the accused sometimes comes into conflict with promotion of victims' rights
.
No arrest except on probable cause
No coerced confessions or illegal interrogation
No Entrapment
On questioning, a suspect must be informed of his or her rights.
Prompt arraignment
Legal Counsel
Reasonable Bail
To Remain Silent
Impartial jury selected from a cross section of community
No compulsory self-incrimination
Adequate counsel
No Cruel and unusual punishment
Appeal of convictions
No double Jeopardy
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
, from when he or she is arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
ed and charged
Criminal charge
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:* complaint...
to when he or she is either convicted or acquitted
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
. Rights of the accused are generally based on the maxim of "innocent until proven guilty
Presumption of innocence
The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat, is the principle that one is considered innocent until proven guilty. Application of this principle is a legal right of the accused in a criminal trial, recognised in many...
" and are due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, these rights are guaranteed in the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
(the first ten amendments to the United States Constitution), particularly in the Fourth
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
, Fifth
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
, Sixth
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
, and Eighth Amendments
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
.
The rights of the accused sometimes comes into conflict with promotion of victims' rights
Victims' Rights
-History:Victim movements in the U.S. grew in the 1970s. In 1982, President Ronald Reagan's Task Force on Victims of Crime released its Final Report. The report drew attention to the re-victimization of crime victims within the criminal justice system...
.
Limits on the Conduct of Police Officers and Prosecuters
No unreasonable or unwarranted searchesNo arrest except on probable cause
No coerced confessions or illegal interrogation
No Entrapment
On questioning, a suspect must be informed of his or her rights.
Defendent's Pretrial Rights
Writ of habeaus corpusPrompt arraignment
Legal Counsel
Reasonable Bail
To Remain Silent
Trial Rights
Speedy and public trial before a juryImpartial jury selected from a cross section of community
No compulsory self-incrimination
Adequate counsel
No Cruel and unusual punishment
Appeal of convictions
No double Jeopardy