Accused’s Constitutional Rights

If one really wishes to know how justice is administered in a country, one does not question the policemen, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotected — those, precisely, who need the law’s protection most! — and listens to their testimony.”

— James Baldwin

Miranda Rights

Many people are familiar with Miranda Rights, which are a set of rights that police give individuals at the time that they are arrested or prior to questioning. These rights must be read to the person. They include the right to avoid self-incrimination and the right to seek legal counsel. Some jurisdictions allow police officers to provide these rights in a written form that the defendant signs acknowledging that he or she was made aware of the rights. 

Right to be Free from Self-Incrimination

The Fifth Amendment to the United States Constitution gives criminal defendants the right to avoid answering any questions that would incriminate them. This right applies at police interrogations as well as at trial. If this right is asserted at trial, the jury is instructed that it cannot use the defendant’s refusal to testify as evidence of the defendant’s guilt. Similarly, a criminal defendant does not have to take the stand and testify on his or her own behalf in most cases.

Presumption of Innocence

In the United States, there is a presumption of innocence. This means that every criminal defendant is presumed to be innocent until he or she has been proven guilty. A juror should not step into a case with a preconceived notion of the defendant’s guilt and must be able to objectively weigh the evidence laid out against the defendant.

Right to a Speedy Trial

Defendants also have the right to a speedy trial. There are various statutes of limitations in place that impose a time restriction on the prosecution. If this time limit expires, the prosecution is barred from bringing charges against the defendant. 

Due Process of Law

The Constitution also protects individuals from the loss of life, liberty or property without due process of law. This includes a notification of the charges that someone is facing. Additionally, this requires a hearing of some nature when these rights are in jeopardy. Due process is a concept that is communicated in the Fifth Amendment to the United States Constitution. In essence, due process gives individuals the right to be heard. 

Due process of law also provides for the following of certain procedures, such as the right to call witnesses to support their case and defense, the right to present evidence in court and the right to testify if he or she chooses. 

Equal Protection

The Fourteenth Amendment provides that citizens will receive equal protections of the law. This prohibits preferential treatment. It prohibits giving a criminal defendant a harsher sentence due to his or her race or age. 

Right to Confront Accuser

A criminal defendant has the right to confront his or her accuser. He or she can cross-examine any witness who speaks against him or her, including the victim. 

Trial By Jury

Citizens are afforded the right to have a trial by jury of the defendant’s peers. Jurors are impartial citizens from the community. Through the process of voir dire, jurors are removed who have bias, a conflict of interest or other characteristic that would make him or her impartial. 

Freedom from Double Jeopardy

Double jeopardy occurs when a person is charged more than once for the same crime. This right is afforded under the Fifth Amendment to the United States Constitution. However, this right does not prevent the federal government from bringing similar charges under a federal crime when the state has already brought charged based on a state crime.

Right to be Free from Excessive Bail

Another constitutional right that criminal defendants have is the right to be free from excessive bail. This does not mean that bail must be an amount that the defendant can actually afford. Instead, judges are supposed to consider the severity of the charges the defendant faces and flight risk when setting bail. 

Right to Legal Counsel

The Sixth Amendment to the United States Constitution gives criminal defendants the right to a lawyer during their criminal trial. If a person cannot afford to hire a private lawyer, a lawyer can be appointed by the court. A criminal defense lawyer can explain the criminal procedure and give the defendant information about what to expect. He or she helps negotiate a plea agreement that is to the defendant’s benefit. He or she presents a legal defense that is based on the circumstances of the case and that protects the defendant’s criminal rights.