Articles
The Rights of the Accused during a trial
by APSense News Release AdminThere are many things that an accused has to go through during a trial. There is an emotional burden that may not allow the accused to make the proper decision, leave alone owning up to the Rights. The US constitution is crystal clear when it comes to the Rights of the accused. Only through proper guidance by an attorney the rights can be utilized to benefit the defendant to place their case appropriately in the court of law.
Below are the 10 basic rights of the accused
Innocent until proven guilty
The UN’s Universal Declaration of Human Rights states in Article 11, implies the ‘Presumption of Innocence.’ It allows the accused to state their side case and will be treated as non-guilty until proven otherwise.
The Privilege against Self Incrimination
Every person who is accused of a crime has the right to remain silent. The law explicitly states that the accused and their close family members cannot be forced to self-incriminate under their Civic Obligation. Not only is it impermissible to obtain a confession by force but it is also a crime to testify against themselves through the use of narcotics/Psychotic drugs. Every federal officer and Law enforcement must inform the accused bout their right to remain silent from the very first instance of the first contact
Right to a hearing
As there is a right to remain silent there is also a privilege to a rightful hearing. An accused remains an autonomous participant if not given a fair chance to speak up for themselves. It helps the jury and the judge to see both sides of the trial. An accused should be allowed to bring witnesses, place evidence both old and new and get an allocated lawyer (In case the accused cannot arrange for one) to fight the defense. These lawyers are known as criminal defense lawyers. A violation of rights by the court or authorities can be hailed as a petition by the accused and the legal authorities have a duty towards its hearing and address it in a proper manner. To sum it up, every accused has the right to be heard.
Right to Speedy Trial
A right to a speedy trial is mentioned in the sixth amendment. The three ways a judge can decide if the trial is taking more than the stipulated time
The length of the delay
The reason for the delay
The possible harm caused to the trial due to the delay.
In most cases, the trial should be completed within a year's time. However, the law doesn’t state an agreed time the judge has enacted statutes to decide depending on each case the time of delay, and recommendations for a speedy trial.
Right to an Attorney
Under any circumstances, if the accused cannot afford to hire a lawyer a legal aid is provided by assigning a criminal defense lawyer for a fair representation. The appointed lawyer can also be changed if the accused is not satisfied or needs a better representation in the court of law. Other assistance such as a translator, speech assistance, specially-abled persons assistant as also the rights of the accused. These rights must be communicated to the accused. A representing lawyer must be available at all stages of the criminal proceedings.
Right to a fair trial
The accused must be allowed to know the witness and also present their own witness in a trial. Even though the accused may be in a less confident position but the accused has the right to know all the lines of witnesses to strengthen their case. If there is a failure to do so the accused cannot be convicted of charges they didn't know about or consider witnesses they were not informed about.
Right to fair and transparent Public Trial
Certain witnesses request for the court to hold a closed session due to the intricate and confidential evidence that might be presented. It is during such times the right of an accused to know the details of the trial. Evidence and witnesses left undisclosed to the accused is discrimination and doesn’t allow any chance or time for the defendant to secure valid reasoning. There are instances where the accused doesn’t make it even to the courtroom to hear his trial
Right to a Jury Trial
The Sixth Amendment states that every accused must be given a right to a jury. Skipping petty crimes like traffic fines, shoplifting, etc. A 6 to 2 person jury is set up for the trial, and the jury is expected to provide an unbiased and non-discriminative vote. The selection of the jury must be non-partial i.e it should be evident that understanding the background of the juror there are chances they might have already picked to be on either side of the trial.
Right to Adequate Representation
The law not only allows the accused to have an attorney but also the right to change the attorney in certain cases. If the designated attorney has not held an adequate representation by:
Following the best practices of law
Not using enough resources to gather evidence
Not using key witness in the case
Has requested the defendant to plead guilty
A suspended attorney
Under such circumstances, there is a need to have an adequate representation for the accused so they have a fair trial and equal representation in the case
Right to not be tried in a double jeopardy
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Created on Feb 22nd 2021 08:11. Viewed 294 times.
