Rights of the accused


Rights of the accused

The rights of the accused is a class of rights that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted. Rights of the accused are generally based on the maxim of "innocent until proven guilty" and are embodied in "due process". These rights can mostly be found in the fourth, fifth, and sixth amendments of the United States Constitution.

Promotion of the rights of the accused sometimes comes into conflict with promotion of "victim's rights". One example of this is conflict between the right of the accused to personally confront his accusers and the law that protects child witnesses from the intimidation that they may feel in the courtroom.

Rights

*right of due process
*protection from illegal search and seizures
*the right to indictment by a grand jury
*protection from double jeopardy
*protection against self-incrimination
*right to a fair and speedy public trial
*right to trial by jury
*notice of accusations
*right to confront one's accuser
*right to counsel
*in certain civil cases, the right to jury trial
*protection from excessive bail and fines
*protection from cruel and unusual punishments

External links

* [http://usinfo.state.gov/products/pubs/rightsof/accused.htm Rights of the People: Individual Freedom and the Bill of Rights]

They are called the rights of the accused because they give rights to the convicted.


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