CONSTITUTIONAL RIGHTS OF THE ACCUSED

Every accused has to go through a lot of pressure during a trial. Whether guilty or not, there is immense anxiety when facing the police, interrogating officers, attorneys, and even the judge. The Bill of Rights states that every accused must have an equal representation, with resources and time to put forth their defense in the trial, before being sentenced to any punishment. The 5th, 6th, and 8th amendments allow breathing space under the rights of the accused as per the Bill of Rights. They emphasize the court’s proceedings from the defendant’s point of view. Let us know in detail the Bill of Rights privileges and immunities for the accused.

5th Amendment

The 5th amendment history dates back to 12th century Europe. The grand juries and the due process. Both of which find their origins in the Magna Carta. 

According to the 5th amendment, there is a provision to define accused, and below are the rights of an accused:

• Right against Self-Incrimination

When a person pleads the 5th, he upfront states, he refuses to answer any question put forward by the federal authorities. The authorities have to mention the Miranda warnings to the accused in this case. The Miranda warnings rightfully allow the person to remain silent. It protects a person from a forceful and torturous interrogation process.

• Double Jeopardy

The government is not allowed to appeal or try twice any accused who has been previously punished or acquitted of the same crime. However, the prosecution can apply for a retrial if there is enough evidence to manifest a mistrial on purpose. The Double Jeopardy clause starts right after the court begins the trial, if the witness has been sworn in, or even when the petition gets registered.

• Right to Due Process

The law states that the constitution must not deprive a person of life, liberty, and property. Every accused must be informed about the charges against them. Due process protects the accused property from being seized wrongfully. The accused gets complete knowledge about the law and proceeding in writing. Hence the accused is made aware by understanding each phase of the trial.

6th Amendment

Under the 6th Amendment, there are five distinct rights of the accused. An accused can exercise the Sixth Amendment once the court is set for trial.  

• Right to an attorney of choice

As soon as the Miranda warning gets read out aloud, the accused can choose to remain silent. However, if the accused gets tried for a crime, they can request a lawyer. If the accused is not capable of hiring a lawyer, the government is responsible for assigning a lawyer. If the defendant has enough proof that the attorney is not handling the case on par with the evidence and witness, the government can replace the attorney.

• Right to a Speedy and Public Trial

When justice gets delayed, it just is denied. According to the trial’s time, it should not take more than a year to complete. The judge decides the petition for a speedy trial based on the below three reasons.

1. Cause of the delay

2. The total time of delay

3. If any privileges of the accused were hurt during the delay of the trial.

An accused has the absolute right to be tried publicly. It means that the family, friends, and other citizens can witness the trial and court proceedings. In sporadic cases, the court’s doors are sealed to protect the witness or if a minor is involved in the trial as a witness or victim.

• Right to Witness and Testimonies

Defendant has the right to know the witness and the testimonies against them. This is for two reasons. Defendant has the right to be present in the courtroom to see the accusations or territories made against him/her. The defendant can use the same to present more substantial evidence in defense. The defendant and the criminal lawyer can cross-examine the witness and eliminate any possible bias from the court towards the prosecutor or victim.

• Right to impartial Jury

The selection of the jury of 6 to 12 jurors spans across the communities with a fair representation. Any juror cannot bear a single scope of bias towards any particular party during the trial. The Jury is elected in a process known as Voir Dire. This also includes selecting the judge as they too may bear bias towards the defendant or the victim. This allows the accused to be judges based on evidence and witness, and the trial gets filtered from racial discrimination.

• Right to Know Cause of Accusation

In line with due process, the court must inform the accused about the charges. The charges should be formally addressed to the defendant. They should not punishment should not vary from the charges. In any case, the defendant is not present during any trial; the cause of the accusation statement allows the defendant to follow up on any accusation, witness, or testimony that they might have missed.

8th Amendment

The 8th Amendment brought to end the hysteria that surrounded cruel punishments. A few centuries ago, sentences to the convicted included banishment by stone-pelting, crucifixion, or even skinning alive. As gruesome as it may sound these, were some of the harshest punishments endured by convicts for a misdemeanor as small as theft. The Bill of Rights 8th amendment put an end to such penalties. It bought in the decorum of punishments. Death being awarded to the convict only in the rarest of the rare case. 

• Right to cruelty-free punishment

The 8th Amendment states that no person must be punished cruelly for a crime. The punishment should be at par with the crime committed.

• Right against excessive Fines

The fines imposed on the accused must be in proportion to the felony committed. Excessive fines are unjust, and the accused can fight the court against them with the 8th Amendment rights. 

• Right against Excessive Bail

The bail amount fixed is in proportion to the crime committed. Having higher bail charges to less serious crime and vice versa is an unjust punishment. Serious criminals having committed brutal crimes may get out of prison as quickly as a person who has committed a misdemeanor—a fair practice set in place under the 8th Amendment for the excessive bail amount.

Summary

Justice is not only for the victim but also the accused. An accused has equal rights and protection under the Rights of the accused. The prime being the right against self-incrimination and the right to having an attorney. Every year, many prisoners and accused face trial without knowing their rights and how the constitution can help them present their case.