In addition to the rights of
individuals in investigations, persons accused of a crime are entitled to
procedural protections applicable in a trial. These
usually include:
- Right to counsel. In criminal cases, the
accused have a right to a competent lawyer. Some countries’ legal systems
require a lawyer to be provided for defendants with limited financial
resources, especially if they are charged with an offence that is serious and might
entail severe punishment. The accused usually have the right to confer
with their attorney before a police interrogation, during the trial and at
any critical stage in the proceedings, such as a preliminary hearing,
lineup or appeal. The accused may waive their right to counsel provided
they recognize the consequences of this action.
- Right against
self-incrimination. The burden of proof in criminal cases is on the prosecution. Accused
persons are not required the police or prosecution with any evidence that
could be used against them. The right against self-incrimination protects
defendants from being forced to reveal incriminating facts. It also deters
the use of torture or other means to coerce confessions from the accused.
- Right to information. Accused persons have
the right to know what charges have been made against them, to be present
when witnesses are testifying against them in court, and to have access to
the evidence collected against them.
- Right to a speedy and
public trial with an impartial judge or jury, in the area where the crime
was committed. Along with this, the accused must have enough time to prepare a
defence. Sometimes the location (venue)
of a trial is shifted for good cause, such as security or potential
influence of public sentiment.
- Right to present a
defence. The accused must have the opportunity to present facts and evidence,
and to cross-examine prosecution witnesses during a trial. The accused
also have the right to call independent expert witnesses.
- Right of appeal if the
applicable procedural protections were not respected.
