A defendant is a person, company, or some institution accused in a court of law. The civil or criminal case is filed against the defendant, and the accused can seek relief from the court by appointing an advocate to fight in favor of him. As said by Attorney Miya Griggs, the term defendant differs from one legal system to another. In Scotland, the word accused or panel is used in criminal proceedings and defender in civil cases. The accused, in case of criminal offenses, have many constitutional rights. Essential Protection right is one of them. The crime has to be proved substantially by the prosecutor against the defendant. The right to remain silent is another right enjoyed by the defendant by virtue of which he cannot be asked to call a witness, unlike in civil cases.
Right to confront witnesses:
According to the sixth amendment in the constitution, there is a confrontation clause that allows the accused to face the witnesses by cross-questioning them.
The prosecutor cannot prove the accused guilty on rumors, both written or oral, without shreds of evidence as per the sixth amendment except the judge gives verdict on the statements made do not require any proof or demanding information about the crime of same nature in the past gathered by the police officials.
Right to a Public Trial:
The accused is tried in the court of law in the presence of the defendant’s family, relatives, localities, and the press, which ensures fair trial, as said by Attorney Miya Griggs.
Right to a jury trial:
According to the sixth amendment in the American constitution, it allows the defendant to be tried by a jury except for minor cases, which results in the imprisonment of a maximum of six months. There should not be a hung verdict I,e the judgment must be unanimous to held the accused responsible for the crime. According to Attorney Miya Griggs, the selection of jury members is either their random selection or chosen by the lawyers and judges from the number of aspirants who are not partial.
Right to a speedy trial:
The accused has a right to demand a speedy trial decided by the judge on its merit as per the sixth amendment.
Right to be represented by an Attorney:
The defendant has the right to demand for a lawyer who could represent on his behalf at the government’s expense to defend him in case he does not afford.
Right to adequate representation:
The accused has the right to either hire his personal lawyer or an advocate appointed by the government to defend his case, which is best for him.
Right not to be placed in double jeopardy:
The person cannot be tried for the case more than once for the same offense, which is unlawful.
The accused may be tried for the crime in both federal and state court for the same act in rare cases, which is against double jeopardy. The defendant is protected from being tried for more than one criminal prosecution arising from the same act as per the clause of double jeopardy.
Originally Posted:- https://attorneymiyagriggs.wordpress.com/2020/08/19/rights-of-the-defendants/
0 comments:
Post a Comment