There are two fundamental tenets of the American criminal justice system - the presumption that the defendant is innocent and the burden on the prosecution to prove guilt beyond a reasonable doubt. But criminal defendants have other rights too, including:
The Defendant's Right to Remain Silent
The Fifth Amendment provides that a defendant cannot be compelled in any criminal case to be a witness against himself. In short, the defendant has the right to "sit mute." The prosecutor cannot call the defendant as a witness, nor can a judge or defence attorney force the defendant to testify if the defendant chooses to remain silent. By contrast, a defendant may be called as a witness in a civil case.
Right to Confront Witnesses
The confrontation clause of the Sixth Amendment gives defendants the right to "be confronted by the witnesses against" them. Implicit in this right is the right to cross-examine witnesses. That is, the right to require the witnesses to come to court, look the defendant in the eye and subject themselves to questioning by the defence.
Right to a Public Trial
The Sixth Amendment guarantees public trials in criminal cases. This is important, because the presence in courtrooms of a defendant's family and friends, ordinary citizens and the press helps ensure that the government observes a defendant’s rights. In a few situations, normally involving children, the court will close the court to the public. For example, judges can bar the public from attending cases when defendants are charged with sexual assaults against children.
Right to a Jury Trial
The Sixth Amendment gives a person accused of a crime the right to be tried by a jury. This right has long been interpreted to mean a 12-person jury that must arrive at a unanimous decision to convict or acquit. The potential jurors must be selected randomly from the community.
Right to be represented by an Attorney
The Sixth Amendment provides that in all criminal prosecutions, the accused shall enjoy the right to have the assistance of counsel for his defence. A judge will appoint an attorney for indigent defendants (defendants who cannot afford to hire attorneys) at government expense. A judge normally appoints the attorney for an indigent defendant at the defendant's first court appearance. For most defendants, the first court appearance is either an arraignment or a bail hearing.
Right to Adequate Representation
Both indigent defendants who are represented by appointed counsel and defendants who hire their own attorneys are entitled to adequate representation. However, there have been many cases whereby a lawyer does not provide “adequate representation” and judges have reversed a guilt verdict on appeal for:
- Putting a law student in charge and leaving the courtroom while the case was going on
- Repeatedly advising a defendant who claimed innocence to plead guilty
- Using cocaine during the time the representation took place
- Representing the defendant while being suspended from practice for failure to pay state bar dues
Right to a Speedy Trial
The Sixth Amendment gives defendants a right to a speedy trial. However, it does not specify exact time limits. Thus, judges often have to decide on a case-by-case basis whether a defendant's trial has been so delayed that the case should be thrown out. In making this decision, judges look at the length of the delay, the reason for the delay, and whether the delay has prejudiced the defendant's position.
Right Not to Be Placed in Double Jeopardy
The double jeopardy clause, in the Fifth Amendment, protects defendants from harassment by preventing them from being put on trial more than once for the same offence.
One important exception to the rule against double jeopardy is that defendants can properly be charged for the same conduct by different jurisdictions. For example, a defendant may face charges in both federal and state court for the same conduct if some aspects of that conduct violated federal laws while other elements ran afoul of the laws of the state.
BUSINESS LAW
