Rights of the Criminally Accused Essay

Decent Essays

Everyone in the United States have specific rights when they are criminally accused. “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” This quote was from Thomas Jefferson. Trial by jury goes along with everyone having rights when they are accused, it is one of the basic things in the bill of rights, that when you are accused, you have the right to a trial by jury. There are many other rights as well. I had already known some things about this topic. Other stuff was new knowledge to me. Something that I already knew was that when you are being arrested, the officer arresting you has to read you your rights as an American. I also knew that …show more content…

One specific case would be Gideon Vs. Wainwright in 1962. In this case Clarence Earl Gideon was convicted and didn’t have enough money to obtain a lawyer. He asked for an Attorney, but he didn’t get one because the court denied his request. They considered the question if this violated Gideon’s right, so they unanimously decided that Gideon should be appointed an Attorney, and he was given one. This case is an example of the Sixth Amendment right of getting an Attorney if you cannot afford one (“Rights of the Accused”, np). The Criminally Accused are given a public trial to discourage the abuse of prosecutorial power. If you weren’t given a public trial you could be put to death, and no one would even know why. That is also the reason that you have a trial by jury. They determine if you are guilty or not guilty by the evidence presented at trial. They also have the power to acquit an accused if it believes that he is accused of violation an unjust law (Hornberger, np). When you are arrested, if you aren’t given you Miranda Rights, then questioning after an arrest, can be inadmissible at trial (“Advisement of Rights”, np). That is part of what Due Process is. Due Process is the right that you have to be given all of your rights and the court has to execute all of your rights before you can be punished. Another right is no cruel or unusual

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