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Written in 1787, the United States Constitution confers fundamental rights to its citizens that are rooted in principles of justice, democracy and civil liberty. However, many Americans today may be unaware of the impact these protections, that are enshrined in the Bill of Rights, offer them.
One area where these are most visible and operative is in the criminal justice system. There are various constitutional rights which seek to prevent miscarriages of justice and ensure the individual freedoms of citizens cannot be overridden or infringed upon. In this article, we will take a closer look at the role constitutional rights play in criminal proceedings, by outlining some of the key protections they afford defendants.
Right to Remain Silent
Commonly known as the ‘Miranda warning’, the right to remain silent protects an individual from being compelled to be a witness against themselves. By invoking this right, guaranteed under the Fifth Amendment, a defendant cannot be compelled to speak or give testimony that may incriminate them.
This also means they cannot be called as a witness by the prosecution or be forced to testify by a judge or criminal defense lawyer. This right ensures the burden rests with the prosecution to present evidence proving the defendant’s guilt. As a result, their presumption of innocence is upheld.
Right to Confront Witness
The Sixth Amendment states that a defendant shall have the right to confront the witness against them in a criminal trial. This allows the defendant to confront their witness and cross-examine them in court.
This ensures the defendant the right to hear the accusations leveled against them, offering them the opportunity to challenge the statements made. It also ensures a conviction cannot be secured based on mere hearsay or on written evidence.
Navigating the legal landscape without an awareness of one’s legal rights can be challenging and potentially damaging to a defendant’s case. A legal professional such as this criminal defense attorney can act as a valuable guide, ensuring justice is upheld throughout the proceedings.
Right to an Impartial Jury
The Sixth Amendment guarantees defendants the right to an impartial jury of the State where the alleged crime took place. This confers the defendant with the right to a fair trial where they will be judged without bias, by a group of their peers. Impartiality protects the defendant from being falsely convicted based on the prejudices or personal bias of a jury and instead solely on the evidence that is presented.
Right to a Speedy and Public Trial
The defendant is given the right to a public trial without unnecessary delay under the Sixth Amendment. This right ensures the accused cannot be held in custody for an unreasonably long amount of time, preventing an infringement of their personal freedom. It also ensures evidence is more likely to be preserved and the testimony of any witnesses is more credible, as memories fade with time.
A public trial ensures transparency and due process, allowing family members and other interested parties to observe proceedings, mitigating the risk of unfair practices and other miscarriages of justice.
These constitutional rights uphold the personal freedoms of ordinary citizens and help instill confidence in the criminal justice system.
