Defendants Rights In Criminal Proceedings

The fundamental rights of the accused emanate from the fourth (search and seizure, and the rights upon arrest), fifth (due process, self-incrimination, grand jury), and Sixth Amendment (rights of those charged in a criminal proceeding) of the U.S. Constitution’s Bill of Rights.

This article addresses the rights of the accused in criminal proceedings.

According to the U.S. Constitution and Bill of Rights, all criminal defendants have the fundamental right to a public, speedy, and impartial jury.

In addition, every person accused of a crime has the fundamental right to know the nature of the criminal charges and the factual cause of the accusation.

Right To Know Charges and Confront Witnesses

The Legal And Factual Basis of Criminal Charges

It is a fundamental right to be advised of the legal charges and the factual basis of those charges. Essentially this right requires the state to inform the defendant of the following:

• Legal Basis: The specific law(s) claimed to have been violated by the accused
• Factual Basis: The specific facts the state claims support these charges.

The criminal complaint (also called information) advises the defendant of the specific charges and alleged acts that form the basis of the state’s prosecution against the defendant. From this information, the defendant can prepare their defense.

Sixth Amendment

The Sixth Amendment, under its confrontation clause, guarantees the right of the accused to confront and examine the accuser and their witnesses.

In response, the defense also has the right to compel (compulsory process) and examine their own witnesses and opposing witnesses at trial.

The constitutional promise of confronting one’s accusers evolved into the right of direct and cross-examination of witnesses under oath. Testifying by sworn oath and under penalty of perjury impresses upon the witness the importance of telling the truth at the proceeding.

The accused’s right to know the specific charges is fundamental to the meaning of justice and fairness. From a practical side, it allows the accused to defend against the charges and eliminates the danger of being tried by ambush.

Right to Speedy and Public Trial

The Bill of Rights Sixth Amendment ensures the accused receives a speedy trial, which is now considered a guaranteed fundamental right of the accused.

The right of the government to incarcerate the accused for an indefinite period of time without a trial or a specific charge was not uncommon throughout history.

Since the enactment of the Constitution and subsequent Bill of rights, our laws have evolved to include and expand fundamental principles of justice and fairness.

Right to Speedy Trial

The Sixth Amendment guarantee to a speedy and public trial commences upon the defendant’s prosecution, which is the filing of formal criminal charges against the accused.

Failure to timely bring the case to trial within the prescribed time will result in a dismissal of the charges. The dismissal is without prejudice which means the prosecution will need to refile the complaint according to criminal rules of procedure.

Under federal law, absent the defendant expressly waiving the time requirement, the time between an arrest and an indictment cannot exceed 30 days, and the time between arraignment and trial cannot exceed 70 days.

Right to Public Trial

The right to a public trial is fundamental to an open society. It also protects the accused against the scourge of secret trials that have been the instrument of oppressive and authoritarian regimes throughout history.

Without transparency to safeguard the rights of the criminally accused, the value of a trial can be easily undermined, along with the rights and freedoms conferred upon the accused, upon which our system of justice requires to survive.

Right to Trial by Jury

The Sixth Amendment’s fundamental right to trial by jury is among the most treasured rights and is the primary safeguard against secret trials and sham proceedings.

It also helps to ensure an independent judiciary rather than one that is the instrument of an oppressive regime and a corrupt and overzealous prosecutor.

A trial by jury provides a clear separation between the official power of the state to accuse and prosecute and the people’s right to participate in the justice process while safeguarding the transparency of the judicial process.

Waiving Right To A Jury Trial

While having one’s case tried by a jury is a fundamental right, it is not always the best option. While the Sixth Amendment expressly calls for an “impartial jury,” obtaining an impartial jury is more of a goal than a reality. Everyone, whether a prospective juror or not, may claim to be impartial, but in truth, everyone has their prejudices and biases, whether they are stated or not.

While the jury selection process is intended to safeguard against jury bias or prejudice, the most a juror can realistically promise the court is to try their best to set aside their bias and prejudices and follow the law as the judge instructs.

Sometimes, waiving a jury and choosing a court trial might be to one’s advantage. In a court trial, the judge will serve two roles, the judge of the law and the judge of the facts. This strategy can be very risky. A judge can be just as prejudicial as a jury.

Court Trial – Judge Only – No Jury

Most criminal defense lawyers automatically assume a trial by jury is preferential to a trial by judge. Not always so. Under certain circumstances, depending on the trial judge and the facts of the case, a court trial might be more favorable than a trial by jury.

In a court trial, the judge serves as both the trier of the facts and the trier of the law. When the judge is the trier of fact, this means the defendant has waived their right to a jury trial.

The best person to seek advice on whether to waive a jury is an experienced criminal trial lawyer who has tried many types of criminal cases – especially felonies. This is why it’s important to retain a local defense attorney who is very familiar with the judicial dispositions of the local criminal trial judges.

Remember that juries can be unpredictable, while judges have a history of rulings and specific legal opinions on matters that have come before the court.

Right to Counsel in Criminal Proceedings

The right to be represented by a criminal defense lawyer is essential to our criminal justice system. This right is not only enforced at the criminal charging stage; it also refers to investigative police interrogations.

Once criminal charges have been filed, if the defendant establishes that he is unable to afford to retain defense counsel, the state will pay for counsel, which means, in most instances, the defendant will be assigned a public defender to represent him.

Criminal Defense Attorney

Should you have specific questions or require additional information about your legal rights and obligations, we advise you to consult with a verified online Criminal Defense Lawyer about your case as soon as possible.