Rights of the Accused

Criminal defendants around the world are afforded many rights. Generally, these rights are meant to protect individuals who lack the enormous resources available to the government.

In common law countries, many of the rights have been shaped through case law over several decades. As a result, the rules can be complex. This section is meant to be an overview of the most basic rights of defendants.

The rights of accused are protected in various ways by criminal procedure and evidence codes. Following is a list of some of the ways these rights are protected:

• Exclusionary Rule
• Nullity of Procedure
• Civil Action

Rights/ Protections from Police

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

Rights during Detention

• Freedom from Punishment
• Right to Counsel
• Right to Habeas Corpus
• Right to medical care

Rights at Trial

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

Sentencing

• Death Sentence
• Ex Post Facto Punishment
• Freedom from Cruel or Unusual Punishment
• Freedom from Torture
• Right to Appeal
• Right Not to be Fined Excessively