Rights of the Criminally Accused Essay

The jury system has been used in the criminal trial since the Constitution stated “the trial on indictment of any offence against any law of the Commonwealth shall be by jury.”

Juries are embedded in the foundation of America. Preceding the revolution, trials were dictated solely by judges, which led to flawed rulings. After numerous taxes were passed in court in the colonist’s favor, the American Revolution had its start, and would continue until the United States became a recognized nation. In this nation, a right to trial by jury was granted and protected by the Constitution. The significance of this decision is seen in the courtroom, where the people’s vote is what stands between the government.

As the officers who accused Ernesto Miranda for kidnapping and rape made the mistake of not telling him his fifth and sixth amendments which made this case popular throughout the nations. Though the officers did not give him his warnings, it gave Miranda, the criminal suspect, the right to refuse though he gave a written confession to the crimes. Without letting know the convict of his/her Miranda Rights will lead to many predicaments in the making as the officer responsible did not say “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” (“What are your Miranda Rights?” MirandaWarning. n.p. n.d. 8 March 2016). The Miranda Rights ensures justice as it may matter if a suspect may want or may not want to speak to anyone due to the person’s case as it gives honestly and authority in making it fair. In addition to the case, it preserves

The U.S. Constitution guarantees every defendant a right to counsel and to a fair trial. That right is often rationed. Those with financial resources receive the best justice money can buy, while the poor are left with a little justice system valuing expediency over quality, resulting in the majority of cases ending in plea bargains (Love, 2017).

Gideon v. Wainwright, 1963, established the right to a lawyer. In Gideon’s case this made a huge difference because he was found innocent, whereas without a lawyer he was found guilty. As Justice Black states in his opinion of the court, “We think the Court in Betts was wrong, however, in concluding that the Sixth Amendment's guarantee of counsel is not one of these fundamental rights.” I believe this is one of the most important rights given to the accused because they are able to have an experienced attorney defend them, which could be the difference between them being proven innocent or guilty. This is still an issue today with all the sexual harassment allegations. Just recently in November 2017, NBC host Matt Lauer was accused of sexual misconduct, however he had his rights, but confessed that he was guilty. Although, this is a much smaller scale each person is considered innocent until they are proven

Constitutional Amendments 4, 5, 6, part of 7, and 8 include our “Due Process” rights. Due process is defined as “a variety of procedural guarantees for those accused of crimes” The 4th amendment includes the right that protects people from unreasonable search and seizure and requires both probable cause and a warrant. It only allows the police to search for the person being arrested, things in view of that person, and things the person can reach that are in their immediate control. The 5th amendment protects against self-incrimination. People don’t have to answer any questions that might incriminate themselves and they can “plead the 5th” which means they are refusing to answer because it might incriminate them if they do. People have to be read their Miranda rights when they are being arrested and that lets them know they have the right to remain silent. The 6th amendment gives people the right to council and the right to trial by jury. So if you cannot afford an attorney you will receive a public defender to help with your case. You also have the right to a speedy and public trial by a jury of your peers. The 7th amendment protects you from being tried by a jury and then having the court overturn their decision. The 8th amendment protects against cruel and

the right to know the charges - nobody can just arrest you without first telling you the charges against you. The only exception to this rule is when the crime is obvious or when the circumstances are such that it is not possible to inform you of the formal charges.

Every day people are convicted of crimes or arrested for other reasons. Once they are convicted they are summoned to court, this begins the jury process. Citizens are randomly chosen to serve on jury duty. The citizens on the jury will use the jury system to determine if the person being accused is guilty or innocent. Trials can become very long or they can be short it just depends on the topic and how long it takes to decide on what the consequences will be. The jury system is the main trial and the main decision of whether or not someone is right or wrong.

Everyone has a right to a fair trial because if people don't then they could be put in jail for something they did not do. “The right to a fair trial is absolute and cannot be limited. It requires a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.” A fair trial shows the difference between good and bad people. “A Fair Trial is the best means of separating the guilty from the innocent and protecting against injustice.” Without fair trials, society would collapse and people would not know if others were guilty or not. “The right to a fair trial is one of the cornerstones of a just society. Without fair trials, innocent people are convicted and the rule of law and public faith in the justice system collapse. Fair Trials is a unique human rights charity that helps people facing criminal charges all over the world to protect this basic right and campaigns for fairer criminal justice systems.” The judges and jury may be able to determine the fate of trials but it does not make them always

You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during police questioning, if you cannot afford an attorney, one will be appointed to you by the state. These words have preceded every arrest since Miranda v. Arizona 1966, informing every detained person of his rights before any type of formal police questioning begins. This issue has been a hot topic for decades causing arguments over whether or not the Miranda Warnings should or should not continue to be part of police practices, and judicial procedures. In this paper, the author intends to explore many aspects of the Miranda

Based on the United States Constitution, all citizens have the right to a “Trial by Jury,” which is a legal proceeding in which a jury makes a decision in order to direct the actions of a judge. A jury pool is randomly selected first, and then the potential jurors are notified. After, “Voir Dire,” or jury selection, occurs where twelve people are chosen for jury duty.

The Supreme Court ruled a few decades ago that people had to be made aware of their rights. At the time, many individuals under arrest submitted to interrogations without a lawyer because they were unaware of their legal rights. Now, a Miranda warning is required

One problem with “the right to a speedy and public trial” is it’s not always a guarantee. For example, a man named Ralph Barry in the state of New York was accused of murder. Witnesses identified Barry in a lineup, which was weirdly enough to arrest him. The defendants in the state of New York generally may have to wait up to 180 days before facing trial. On the other hand, a defendant that is facing a felony charges could wait up to 1,018 days in Bronx, New York. Long story short, Barry was offered a plea deal, but Ralph was confident that he was innocent. In addition, Ralph had to stay in Riker’s Island jail for up to three years and additionally appeared in court 20 different

That’s not exactly true. If the officers do not read you your Miranda rights, in most cases the prosecutor can't use anything the suspect says as evidence at the trial. However, there are situations in which they can. Here is a real case I found on the internet that helped me better understand the importance of a person’s Miranda rights.

The only time the police need to advise your of your Rights (Miranda warnings) is when two conditions both exist when they intend to ask you incriminating questions (not just routine identity or booking questions) You are in custody (not necessarily 'under arrest'. just not free to leave, like you were, in handcuffs) The police DO NOT HAVE TO advise of your rights when you get arrested! A case cannot be thrown out because of they did not, unless the only evidence against you is a confession that they took while you were in custody and they didn't Mirandize you.