Rights of the Accused
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Jump to navigationJump to searchCriminal 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.
Contents
Rights with Police
Rights at 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