RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS:SIXTH AMENDMENT In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained bylaw, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. 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.
Probable Cause- A reasonable ground for belief. http://youtu.be/0JOitPfRlCw Responsibility for the Criminal Conduct of Others: A person who aids another in the commission of a crime is also guilty of criminal wrongdoing. Anyone who plans a crime or intentionally helps commit a crime is guilty of the same crime. If someone is killed during a felony, in most cases all the accomplices are also guilty of the homicide. Corporations and officers of a corporation also can be held vicariously liable for crimes of their employees. Why do courts impose punishments? The purpose of a punishment is to discipline the wrongdoer, not to remedy the wrong caused by a criminal act. If punishment is reasonably swift and certain it also may deter others from committing the same crime.
What rights does a person have when arrested?
Criminal defendants have the following rights: not to be compelled to testify against themselves; to cross-examine witnesses; to be represented by a lawyer; to be convicted only if guilt is proved beyond a reasonable doubt; and to a trial by jury.
Defenses to Criminal Charges: The legal position taken by an accused to defend the charges against him or her. In court the state must prove that the defendant is guilty beyond a reasonable doubt. Defense is the strategy and evidence presented to prove a defendant is not guilty.
Procedural Defenses:
A defense based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished. Substantive Defenses: A defense that disproves, justifies, or excuses the alleged crime. Most substantive defenses discredit the facts that the state sought to establish. (Eye witness account proven wrong, self-defense, criminal insanity, immunity) Self-Defense: The use of force that appears to be reasonably necessary to prevent death, serious bodily harm, rape, or kidnapping to the person using force.
Immunity:
Freedom from prosecution event when one has committed the crime charged (testify against another criminal)
Plea bargaining:
Agreeing to plead guilty to a less serious crime in exchange for having a more serous charge dropped.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained bylaw, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
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:
Probable Cause- A reasonable ground for belief.
http://youtu.be/0JOitPfRlCw
Responsibility for the Criminal Conduct of Others:
A person who aids another in the commission of a crime is also guilty of criminal wrongdoing. Anyone who plans a crime or intentionally helps commit a crime is guilty of the same crime. If someone is killed during a felony, in most cases all the accomplices are also guilty of the homicide. Corporations and officers of a corporation also can be held vicariously liable for crimes of their employees.
Why do courts impose punishments?
The purpose of a punishment is to discipline the wrongdoer, not to remedy the wrong caused by a criminal act. If punishment is reasonably swift and certain it also may deter others from committing the same crime.
What rights does a person have when arrested?
Criminal defendants have the following rights: not to be compelled to testify against themselves; to cross-examine witnesses; to be represented by a lawyer; to be convicted only if guilt is proved beyond a reasonable doubt; and to a trial by jury.Your Rights If Arrested
Defenses to Criminal Charges:
The legal position taken by an accused to defend the charges against him or her. In court the state must prove that the defendant is guilty beyond a reasonable doubt. Defense is the strategy and evidence presented to prove a defendant is not guilty.
Procedural Defenses:
A defense based on problems with the way evidence is obtained or the way the accused person is arrested, questioned, tried, or punished.Substantive Defenses:
A defense that disproves, justifies, or excuses the alleged crime. Most substantive defenses discredit the facts that the state sought to establish. (Eye witness account proven wrong, self-defense, criminal insanity, immunity)
Self-Defense:
The use of force that appears to be reasonably necessary to prevent death, serious bodily harm, rape, or kidnapping to the person using force.
Immunity:
Freedom from prosecution event when one has committed the crime charged (testify against another criminal)Plea bargaining:
Agreeing to plead guilty to a less serious crime in exchange for having a more serous charge dropped.Take the Quiz:
http://www.amctv.com/shows/the-killing/crime-thriller-quiz
On-line Tool:
http://school.cengage.com/blaw/lawxtra/studytools/ch04/lawxtra04-2tyk.htmlNews Update:
http://abclocal.go.com/wpvi/story?section=news/local&id=9463549