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The founders of the United States, armed with hindsight from the colonial days and their experience in Britain, understood that individual rights cannot be protected and democracies cannot function unless those accused of crimes receive what we now call due process of law. The rights of the accused have been established in the Bill of Rights and have been continuously refined in courtrooms ever since.

While some less democratic countries may also hold trials before criminal convictions, it doesn’t mean much if the accused party has no rights during the trial. The founders of the United States sought to protect the civil rights of the accused to make the judicial process as fair and just as possible. The Constitution's Bill of Rights spells out a number of rights afforded to those charged with crimes.

Innocent Until Proven Guilty

The basis for these rights is the supposition that all individuals are innocent until proven guilty. The following rights stem from this supposition and are guaranteed to all those accused of a crime:

• For a defendant to be found guilty, the prosecution must prove beyond a reasonable doubt that the accused did in fact commit the crimes that he/she has been charged with.
  
  
• The accused are protected from self-incrimination. This protection preempts torture and other forms of coercion by rendering the confessions or incriminating testimony inadmissible in court.
  
  
• The accused have a right to remain silent until he/she has had the opportunity to confer with legal counsel.
  
  
• The accused has the right to adequate legal representation. In the event that he/she cannot afford to hire an attorney, the court must provide legal counsel at no charge.
  
  
• The accused has the right to know what the charges are and to confront witness testifying against him/her. The defendant also has the right to gather his/her own evidence and witnesses.
  
  
• Those charged with serious crimes must be indicted by a grand jury.
  
  
• An individual cannot be tried for the same crime twice.
  
  
• The defendant has the right to a public and speedy trial by jury if desired.
  
  
• The accused has the right to be free of unreasonable search and seizure. There are many circumstances where law enforcement must obtain a search warrant before searching private property for people or evidence. To ensure that this right is upheld, a judge must not allow any evidence gathered unlawfully to be admitted in court.
  

If you would like to learn more about the rights of the accused, please contact a qualified and experienced defense attorney in your area who can evaluate your case to determine how best to protect and maximize your legal rights and interests.

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