Rights of the accused
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Criminal procedure |
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Criminal trials and convictions |
Rights of the accused |
Fair trial · Speedy trial · Jury trial |
Counsel · Presumption of innocence |
Exclusionary rule (U.S.) |
Self-incrimination · Double jeopardy (Not E&W) |
Verdict |
Acquittal · Conviction |
Not proven (Scot.) · Directed verdict |
Sentencing |
Mandatory · Suspended · Custodial |
Dangerous offender (Can., E&W) |
Capital punishment · Execution warrant |
Cruel and unusual punishment |
Post-conviction events |
Parole · Probation |
Tariff (UK) · Life licence (UK) |
Miscarriage of justice |
Exoneration · Pardon |
Related areas of law |
Criminal defenses |
Criminal law · Evidence |
Civil procedure |
Portals: Law · Criminal justice |
The rights of the accused is a class of rights that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted. Rights of the accused are generally based on the maxim of "innocent until proven guilty" and are embodied in due process. These rights can mostly be found in the fourth, fifth, and sixth amendments of the United States Constitution.
Promotion of the rights of the accused sometimes comes into conflict with promotion of victim's rights. One example of this is conflict between the right of the accused to personally confront his accusers and the law that protects child witnesses from the intimidation that they may feel in the courtroom.
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They are called the rights of the accused because they give rights to the convicted.