Rights of the Accused

Criminal defendants around the world are afforded many rights. The general theory behind these rights is that the government has enormous resources available to it for the prosecution of individuals; therefore, individuals are entitled to some protection from the misuse of those powers by the government.

In common law countries, many of the rights below have been shaped by the development, over decades, of case law; as a result, the rules can be very complex. This section should be viewed as an overview of the most significant rights defendants enjoy.

Rights with Police

• Arrest
• Right to Silence
• Search and Seizure
• Right to Counsel
• Confessions
• Pretrial Identification

Rights at Detention

• Right to Counsel
• Right to Habeas Corpus
• Right to be free of punishment
• Right to medical care

Rights at Trial

• Right to a Fair Trial
• Right to Notice of Charges
• Right to Trial by Jury
• Right to Compulsory Process
• Right to Confront Witnesses
• Right to a Speedy Trial
• Right to Counsel
• Presumption of Innocence
• Double Jeopardy

Sentencing

• Right to sentence free of torture
• Right to sentence without cruel or unusual punishment
• Death Sentence
• Right to fines that are not excessive
• Ex Post Facto Punishment
• Right to Appeal