- 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.
*protection from illegal
search and seizures
*the right to
indictmentby a grand jury
*right to a fair and speedy
*right to trial by jury
*notice of accusations
*right to confront one's accuser
*in certain civil cases, the right to jury trial
*protection from excessive
cruel and unusual punishments
* [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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