Rights of the accused
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| Criminal procedure | ||||||
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| Criminal trials and convictions | ||||||
| Rights of the accused | ||||||
| Fair trial · Speedy trial Jury trial · Counsel Presumption of innocence Exclusionary rule1 Self-incrimination Double jeopardy2 |
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| Verdict | ||||||
| Conviction · Acquittal Not proven3 Directed verdict |
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| Sentencing | ||||||
| Mandatory · Suspended Custodial Dangerous offender4, 5 Capital punishment Execution warrant Cruel and unusual punishment Life · Indefinite |
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| Post-sentencing | ||||||
| Parole · Probation Tariff6 · Life licence6 Miscarriage of justice Exoneration · Pardon |
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| Related areas of law | ||||||
| Criminal defenses Criminal law · Evidence Civil procedure |
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| Portals | ||||||
| Law · Criminal justice | ||||||
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The rights of the accused is a "class" of civil and political rights that apply to a person accused of a crime, from when he or she is arrested and charged to when he or she is either convicted or acquitted. Rights of the accused are generally based on the maxim of "innocent until proven guilty" and are embodied in due process.
In the United States, these rights are guaranteed in the Bill of Rights (the first ten amendments to the United States Constitution), particularly in the Fourth, Fifth, Sixth, and Eighth Amendments.
The rights of the accused always comes into conflict with promotion of victims' rights.
[edit] Rights
- right of due process
- protection from illegal search and seizures
- the right to indictment by a grand jury
- protection from double jeopardy
- protection against self-incrimination
- right to a fair and speedy public trial
- right to trial by jury (to be judged by one's peers)
- notice of accusations (to be informed of the nature and cause of the accusation)
- right to confront one's accuser
- right to counsel
- protection from excessive bail and fines, and from cruel and unusual punishment
[edit] External links
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