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Constitutional Right to a Fair Trial in United States of America

Michalaki, Pitsillidou Law Firm > English Articles  > Constitutional Right to a Fair Trial in United States of America

Constitutional Right to a Fair Trial in United States of America

While a person is accused of a criminal offence, the consequences at stake are significant. A conviction can mean the lack of freedom with years behind bars. Having a criminal record can affect the relaxation of a person’s life and restrict career and educational opportunities. Due to these possibilities, many criminal defendants seek legal counsel.
Some defendants negatively think that they can handle the case on their own. But, the criminal justice system is complex and difficult for people to navigate if they are unfamiliar with it. A simple mistake such as missing a deadline can eventually result in a conviction that has undesirable consequences. This makes it extremely essential to hire a criminal defense legal professional, who is prepared to fight for the defendant’s rights.

Constitutional Protections

The United States Constitution describe the rights that each citizen is entitled to. This crucial document and its subsequent amendments give an explanation on how the government authorities operates. The Constitution defines the fundamental rights that people have, including the freedom of speech, religion and press. The Fourteenth Amendment is significant, because it principally extends the identical federal rights to individuals who are attempted in state courts. This is critical since the most criminal trials occur in such courts.

Fundamental Rights

The United States Constitution provides for basic fundamental rights. Most of these laws are implicated in the Criminal Justice System. This includes laws that pertain to the filing of criminal charges. An individual has the right to a grand jury in federal criminal proceedings. Moreover, the particular person has the right to clear notice of criminal charges against him or her. The United States Constitution also prohibits the passing of retroactive laws that criminalize positive behaviors after the incident. Likewise, a criminal defendant cannot be tried more than once for the same offense. If a person is under investigation, he or she has the right to be free from unreasonable searches and seizures as provided by the Fourth Amendment to the United States Constitution.

These fundamental rights also have an effect on the punishment that an individual can be subjected to during the proceedings of the court cases and after. This consists of the right to be free from excessive bail. In addition, a person has the right to be free from cruel and unusual punishment as stipulated in the Sixth Amendment to the United States Constitution.
Many fundamental rights apply to the defendant’s right to a fair trial. These rights include: 

  • The Right to Due Process of Law

The right to due procedure of law prohibits the federal government from arbitrarily affecting an individual’s rights without some type of formal procedure. Due process means that the government must respect and recognize the legal rights that the defendant is owed.

  • Freedom from Self-Incrimination

The Fifth Amendment affords that a person cannot be made to testify against himself or herself. This applies to judicial lawsuits, inclusive of no longer have to testify in open court, as well as to investigative questioning in which the criminal defendant can refuse to reply to police’s questions.

  • Right to an Impartial Jury Trial

A criminal defendant has the right to an impartial jury trial by his or her peers. Impartial means that the jurors do not have a stake within the outcome of the case and do not approach the case with a preconceived bias towards the defendant. Through the process of voir dire, any hidden biases are attempted to be uncovered so that a potential juror is not placed in the specific jury.

  • Right to a Speedy, Public Trial

Another fundamental right is the right to have a speedy, public trial. Defendants cannot be made to wait indefinitely for their case to be attempted.

  • Rights Regarding Witnesses

The United States Constitution also offers for the right of the accused to confront his or her witnesses. Additionally, the defendant has the right to demand witnesses who sustain his or her aspect in the case.

  • Equal Protection

A significant right is that of the equal protection and safety of the laws. This prohibits both the federal government and the states from discriminating against citizens.

  • Right to Legal Counsel 

The American criminal justice system is premeditated to provide a criminal defendant with a fair trial. This is mainly established by constitutional protections. A person, who is facing criminal charges has the right to seek legal counsel. The particular individual can contact a lawyer to find out about his or her rights. This right is also secured by the Constitution. A lawyer can be present during any questioning to advise his or her client and to represent his or her legal interests.

For more information and guidance please email Michalaki, Pitsillidou & Co LLC – iMPK Global Business Law Firm – Cyprus Lawyers, at info@impklawyers.com or visit our website at www.impklawyers.com.Tel. +357 25660092 – Fax +357 25 660097.

 

 

 

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