Essay on "Rights Accused 1.Fully"

Essay 3 pages (1019 words) Sources: 3 Style: APA

[EXCERPT] . . . .

Additionally, the due process of law also prevents illegal interrogations and gives the accused the right to remain silent. The accused also has the right to a pretrial and to be informed of the charges that they are facing. It also gives them the right to a fast and speedy trial. All these rights in the due process of the law mean that the accused cannot be charged without a credible reason and neither can they be denied their freedom without due cause. Additionally, it specifies how the legal process should be conducted to prevent it from being tilted in a direction that favors the prosecution giving them excessive time to collect evidence Nicholaidis, 1989()

Due process also ensures that the accused person gets a fair trial. The right to fair trial declares that all persons are equal when charged in court and they have a right to a public hearing which is conducted by a tribunal that is impartial, competent and independent. However, there are certain situations when the public and the press may be excluded from all or certain parts of a trial. Despite these restrictions, all judgment that is rendered in a criminal case must be made public except when they concern guardianship of children, matrimonial disputes or interest of juveniles Israel, Kamisar, & LaFave, 2003()

Under the due process of the law, the prosecution is required to collect and present as much compelling evidence to convince the tribunal of the fact that the accused is guilty. If there is any bit of reasonable doubt, the accused should be acquitted of all charges. This protects the accused from being charged with charges that the prosecution is unable to prove.

Due process of the law also protects the witnesses from incriminating themselves by the use of force by the prosecution party. Under this right, the accused can 'plead the fifth' where they feel that the answer to the question asked could give some form of evidence that is self-incriminating Holmes & Ramen, 2011()

Due process also prevents any person for being tried or punished more than once for the same offence which they may have been fully acquitted or convicted under the double jeopardy rule. When the accused is being tried for a similar charge that they have been acquitted or convicted for, they can enter into a peremptory plea of either autrefois convict or autrefois acquit meaning that they had been previously acquitted or convicted for it. When there is sufficient evidence of the previous trial, the second trial is ended immediately.

References

Holmes, N.J., & Ramen, C. (2011). Understanding the Rights of the Accused. New York, NY: Rosen Publishing Group.

Israel, J.H., Kamisar, Y., & LaFave, W.R. (2003). Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. St. Paul, MN: West Publishing.

Nicholaidis, N. (1989). Sixth Amendment Right to a Speedy and Public Trial. American… READ MORE

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