Criminal Rights Everyone Should Know
There may be different laws in every country, but they all have one thing in common when it comes to the rights of the criminal suspects, and that is to protect the innocent from being convicted. That is why it is very important for every citizen to know what these rights are and how they work. So here are some criminal rights everyone must know.
[su_quote cite=”Fidel Castro” class=”cust-pagination”]“It is a fundamental principle of criminal law that an imputed offense must correspond exactly to the type of crime described by law. If no law applies exactly to the point in question, then there is no offense.”[/su_quote]
THE CRIMINAL CAN’T BE FORCED TO WITNESS AGAINST YOURSELF
If he or she happens to be arrested and charged with a crime, he or she must not be forced to witness against the said crime. This is a right that applies to questioning while the person charged with a crime is in custody of the authorities. A Custody is neither imprisoned nor set free, it is basically when the person charged with a crime is within a secured placed awaiting trial.
However, he or she can give up this right, but then again, everything the person says during the questioning that might actually work against him.
THE CRIMINAL HAS A RIGHT TO A SPEEDY TRIAL
Another right that people must know is that anyone who is accused of the crime has the right to a speedy trial. A person may only be referred to as an accused if and only if after a grand jury was given enough pieces of evidence that indicate the person accused has a possibility of being guilty. However, if this right has been violated by the prosecution, the court may dismiss the chargers.
THE CRIMINAL HAS A RIGHT TO COUNSEL
This next one has got to be one of the most famous criminal rights. Any criminal that has been captured or arrested, have the right to remain silent and of course, have the right to have their own legal adviser. They may choose their own legal representation or they could be given one by the court from public office. As soon as the person has been arrested, he or she has the right to contact their attorney.
THE CRIMINAL HAS A RIGHT TO TRIAL BY JURY
The person who has been arrested has the right to go to trial or may refuse to. This often depends on the crime that was committed. It is, of course, best to proceed with the trial so that you would be able to defend yourself with the help of your lawyer. However, this could go backfire especially if the opposition presents strong evidence against you.
Here are some constitutional rights apply in a criminal case by the United States of America.
• 4th Amendment Rights
This talks about the right to actually be free from legal search and seizures that involve search warrants.
• 5th Amendment Rights
This talks about the due process rights of the person as well as the right to be silent and the protection from being tried for the same crime twice, or also known as double jeopardy.
• 8th Amendment Rights
This talks about how the accused can bail or limit their sentence, but this would depend on the crime committed.
[su_quote cite=”Emma Goldman” class=”cust-pagination”]“The most absurd apology for authority and law is that they serve to diminish crime, because aside from the fact that the state is itself the greatest criminal, breaking every written and natural law, stealing in the form of taxes, killing in the form of war and capital punishment, it has come to an absolute standstill in coping with the crime. It has failed utterly to destroy or even minimize the horrible scourge of its own creation.” [/su_quote]
There are a couple of times that there are criminals who are charged as guilty even if they really didn’t have anything to do with a crime. There is, unfortunately, no way for them appeal unless the true criminals surrender or is captured and if there will be an evidence that would prove his or her innocence. That is why it is very important for you everyone to know about these rights and if you have anything that you don’t particularly understand, you must not hesitate to ask your lawyer.
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