Difference between revisions of "Rights of the Accused"

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== Rights/ Protections from Police ==
 
== Rights/ Protections from Police ==
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A defendant's first contact with the criminal justice system typically occurs through police. Therefore, it is important that citizens are protected against unwarranted police intrusion. Most countries have developed sophisticated laws intended to protect against arbitrary police action.
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* [[Arrest]]
 
* [[Arrest]]
* Stops and Frisks
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* [[Stops and Frisks]]
 
* [[Confessions]]
 
* [[Confessions]]
 
* [[Pretrial Identification]]
 
* [[Pretrial Identification]]

Revision as of 10:13, 16 July 2010

Rule of Law plays a critical role in protecting the rights of criminal defendants around the world. 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:

Following is a list of some of the rights of the accused. Because specific rights are the most important during specific phases of a criminal case, these rights are collected into subcategories. This is not to say that these rights are limited to these categories. Certain rights, such as the right to be free of torture, would apply during all phases of a criminal case.

Rights/ Protections from Police

A defendant's first contact with the criminal justice system typically occurs through police. Therefore, it is important that citizens are protected against unwarranted police intrusion. Most countries have developed sophisticated laws intended to protect against arbitrary police action.

Rights during Detention

In the United States persons accused of committing a crime have a series of rights, some of which are guaranteed by the United States Constitution and others as a result of case law or statute. Once the defendant is detained by the police he must be advised of the charges against him. The defendant must be advised that he has the right to remain silent and that anything he says can be used against him. The defendant must be advised that he has a right to a defense lawyer and that one will be appointed if he cannot afford to pay for the legal services. The defendant has the right to have someone informed of his arrest and to be told where he is being detained. The opportunity to advise someone of the arrest should be afforded as soon as possible. Any delay must be reasonable and related to the reason for the arrest, i.e., hinder recovery of property connected to the offense. The defendant has the right to be treated decently while he is in custody. He must be provided with food and drink, clothing as necessary as well as sleeping and washing facilities. The defendant cannot be "punished" or treated as guilty while he awaits trial. While detained, the defendant retains the right to court access and to a defense lawyer. That access may be subject to security restrictions typically used in a detention facility.

Rights at Trial

Sentencing

Assuming a defendant's rights have been upheld through the trial and conviction phase, the defendant still retains certain rights.

Rights in Prison