Rights of the accused

Before a person can be punished for a crime in the US, due process of law procedures must be followed - Procedural Rights and equal protection of the law granted. 

  1. Rights prior to arrest

  1. No arrest without probable cause (6th)

The govt. official must have a reason for stopping the individual. Probable Cause  - strong evidence that a person has committed a crime. The possession of enough facts that would lead a reasonable person to believe that the claim or charge is true. 

  1. No entrapment 

Entrapment - when the official originated the idea of the crime and induced the accused to engage in it. 

  1. No unreasonable Search or seizure (4th)

Before a search and seizure can happen, the official must have a warrant issued by an impartial judge which states what is being sought and where it is to be found. Cell phones cannot be searched without a warrant. The official must “knock and announce” before entering the premises. Warrantless searches are permitted (if the person being searched gives consent). Illegally obtained evidence cannot be used. Illegal evidence is called “fruit from a poisonous tree.” 

2. Rights after arrest before trial

  1. Right to counsel (6th)

A person must be provided with an attorney before questioning. If the person cannot afford an attorney, the government must provide one and pay the cost. The person must “unequivocally and assertively state their right to counsel.”

  1. Right to Remain Silent (5th) Miranda Rights

The person must definitely state they do not wish to talk. The person does not have to give any information except for name. the person may not be subjected to coerced or illegal interrogation. 

  1. Writ of Habeas Corpus

This is a court order to determine if a person being properly detained. This can be suspended in times of emergency. A person can be detained for 48 hours prior to arraignment - a hearing to determine if the person is being properly detained. 

  1. Guarantee against excessive bail (8th)

Bail is based on the idea of innocent until proved guilty. Bail allows a person to go free until the trial. The bail must fit the crime. 

  1. Grand Jury is a group of from 12-24 people who investigate crimes to see if there is enough evidence for a trial. The meeting are secret and the defendant or witnesses have no rights before the Grand Jury. If the Grand Jury determines that there is sufficient evidence, it votes a True Bill - charges the person with committing the crime. The person is charged with/idicted for a crime. If there is not enough evidence, they vote a No bill. 

3. Rights during the trial 

  1. Trial by jury (Petit Jury) (amendments 3, 6, and 7th)

The trial must be speedy and public. The jury must be an impartial jury - peers and unbiased. The jury can be from 3 to 12. A jury trial is used in all criminal cases. A jury trial is used in civil cases where the amount is over $20.00. The verdict generally is unanimous in criminal cases.

  1. Guarantee against a Bill of attainder (articles 1 section 9)

A bill of attainder is a legislative act punishing without a trial. 

  1. Guarantee against an Ex post Facto Law (article 1 section 9)

This applies to criminal cases only. It can be …

1. Making an act illegal after the fact. 2. Increasing the punishment after the act.

3. Changing the court procedures to make prosecution easier. 

  1. Protection against self-incrimination (5th)

a person cannot be compelled to restrict himself or spouse.

  1. Compulsory attendance of witness (6th)

A person must see those bringing charges or testifying against him. 

4. Rights after the Trial 

  1. No excessive fine  and no cruel or unusual  punishment (8th)

  2. Protection against Double Jeopardy (5th)

A person cannot be tried twice or have his life endangered twice for the same offense. 

5. Treason’

Treason is the only crime defined in the Constitution. Article 3 Section 3

Treason is 1 of 3 acts:

  1. Levying war on the US

  2. giving aid and comfort to an enemy of the US

  3. adhering to the enemies of the US. Te act must be witnessed by 2 people who testify in open court or confessed to in open court. 

Victims Rights

Victims of crimes also have rights, but they are less well know. Federal law has established the Crime victims Act and listed the following rights

  1. To be reasonably protected from the accused.

  2. to reasonable , accurate, and timely notice of any public court proceeding.

  3. not to be excluded from any such public court proceeding

  4. to be reasonably heard at any public proceeding  in the district court involving release, plea, sentencing, or any parole proceeding. 

  5. To confer with the attorney for the Government in the case. 

  6. To full and timely restitution as provided in law

  7. to proceedings free form unreasonable delay. 

  8. To be treated with fairness and with respect for the victims dignity and privacy. 

  9. To be informed in an timely manner of any plea bargain or deferred prosecution agreement. Victims also have the right to make a written or oral impact statement at the time of sentencing. The victim impact statement is to describe the emotional, physical, and financial pact the victim and others suffered as a direct result of the crime. This enables the judge to hear your voice and its inflections and to put a face to the crime committed. Victims can be awarded restitution due to the offenders crime. The restitution can be orders by the judge for lost income, property damage, counseling, medical expenses, funeral costs or other financial costs directly related to the crime.