LAWPOLS Art III Part 2

What are the rights protected under Article III Section 12

Rights of a person under custodial investigation

What are the Miranda Rights

Before a person under custodial investigation is questioned, he must be informed of:
1. Right to be informed of his right to remain silent
2. Right to have independent and competent counsel
3. Right against means that vitiate the free will (torture, violence, threat, intimidation)
4. Right against being held in secret, incommunicado, or solitary forms of confinement
5. Right to be informed of these rights

Can the Miranda Rights be waived

Yes, but the waiver must be made in writing and in the presence of counsel

What are the rights protected under Article III Section 13

The right to bail

What is bail

The securty given to the court to allow a person accused of a crime to be temporary released from custody while waiting for their trial

What is the purpose of requiring bail

Relive an accused from imprisonent until conviction. In all criminal prosecutions, the accused is presumed innocent

Why is excessive bail prohibited

Because it is the same as denying the right to post bail

What are the forms of bail

1. Cash Bond/Deposit
2. Property Bond
3 Surety Bond
4. On recognizance - custody of a prominent person

Who may not invoke the right to bail/what are the limitations of the right to bail

1. One who is not yet in the custody of law
2. One charge with capital offense/offense punishable by reclusion perpetua
3. After the judgement has become final/accused commence to serve sentence

What are crimes that are not bailable

1. Kidnapping
2. Murder
3. Rape
4. Drug-Pushing
5. Carnapping
6. Crimes under the Heinous CRime Law, Plunder Law, and Dangerous Drug Law

What are the rights protected under Article III Section 14

1. Right to due process of law
2. Right to presumption of innocense
3. Right to be informed of the nature an causse oof the accusation against him
4. Right to have a speedy, impartial, and public trial
5. Right to meet the witnesses face to face
6. Right to compulsory process

What is the right to due process of law

It means fair trial

What is the right to presumption of innocense

THe acccused is always presumed innocent

What is the right to be informed of the nature and cause of he accusation against him

The accused has the right to know the nature and cause of the accusation against him

What is a speedy trial

A trial that should b done immeditely

What is an impartial trial

The court has no bias and the case is decided solely on its merits

What is a public trial

It is open to the public except in cases offensive to public morals/decency

What is the right to meet the witnesses face to face

The accused has the right to meet the witnesses face to face to
1. Cross-examination
2. Allow the judge to see how the witnesses behave during cross-examination

What is the right to compulsory process

Every person charged with a crime has the right to secure appearance of witnesses and production of evidence

When can the accused not be present during a trial

During trial in absentia

When is trial in absentia allowed

1. When he hhas been arraigned
2. He has been notified of the trial
3. His failure to apper is unjustifiable
4. If accused waives his right to be prsent in court during trial

What is the privilege of the writ of habeas corpus

It is a cout order that requires a person/agency holding a prisoner to briing the detainee physically before a judge

What is the right protected uner Article III Section 16

Person has the right to speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies

What is the difference between the right guaranteed in Seection 16 and Section 14

Section 14 only covers the trial phase of criminal cases, while Section 16 covers all phases of judicial, quasi-judicial, or administrative proceedings

What is the right protected in Article III Section 17

A person cannot be a witness against himself

What are the rights protected in Article III Section 18

1. A person cannot be detained solely because off his political beliefs/aspirations
2. Involuntary servitude cannot exist except as a punishment for a crime where the party was convicted

What is involuntary servitude

It is enforced compulsory service of one to another no matter what form it can be disguised in

What are the exceptions to the rule against involuntary servitude

1. A punishment for a convicted person
2. Citizens can be compelled to military/civil service
3. Upon order of the court in labor cases unless he wants to resign

What are the rights protected in Article III Section 19

1. Right against excessive fines
2. Right against the imposition of the death penalty unless congress enacts a law to re-impose it
3. Right against cruel, degrading punishment

What is cruel punishment

Torture/mutilation/severe pain punishment

What is degrading punishment

It demeans the person of the convict

What are the rights protected in Article III Section 20

A person cannot be imprisoned for being in debt

What is debt

A liability to pay money growing out of a contract;  express or implied

What is poll tax

Cedula/residence tax

What are the rights protected in Article III Section 21

Right against double jeopardy

What is double jeopardy

When you put a person twice in jeopardy of punishment for the same offense

What ae the requisites for a valid defense of double jeopardy

1. A first jeopardy must have attached prior to the second
2. The first jeopardy must be terminated
3. The second jeopardy must be for the same offense as the first

When does jeopardy attach

1. Upon a good indictment
2. Before a competent court
3. After arraignment
4. After plea

What is the right protected under Article III Section 22

No ex post facto and bills of attainder can be enated

What is an ex post facto law

A law that allows an action that was done before passing a law to be punished after enacting the law

What is a bill of attainder

An act that inflicts punishment without judicial trial

What are the elements of a bill of attainder

1. There must be a law
2. The law must impose a penal burden on a named individual/easily ascertainable members of a group
3. The penal burden is imposed by the law without trial