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

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.

• 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