What Rights Do Criminal Defendants Have?

People who are charged with crimes become a criminal defendant

. Before a defendant can legally be punished for the alleged crime, the government must first convict him before a jury by bringing together a case against him and convincing the jury he is guilty without any shred of doubt.

Before any of that occurs, a criminal defendant is guaranteed certain rights as defined under the United States Constitution. These rights limit the way the government investigates a crime, prosecutes and punishes the behavior of a criminal. These rights include the right to remain silent, to representation, to a speedy trial by jury and to not be charged twice for the same crime, otherwise known as double jeopardy.

The right to remain silent protects a criminal defendant from incriminating himself at trial and while being arrested. He is given the right, however, to confront those who are accusing him and to say a few words in his own name. The lawyer appointed to the defendant is trained to inform him when he thinks it is best to keep quiet and when he should defend himself vocally. All criminal defendants are allowed to have legal counsel representing on his behalf. One is provided to him in the event that he cannot afford his own private lawyer. However, adequate representation in no way guarantees he is going to get the perfect lawyer, so this right allows him not to be subject to penalization should his lawyer make a blunder.

A defendant may also opt to represent himself, forfeiting the right to legal representation. However, due to the complications of the legal system, this is not often recommended. A criminal defendant with a legal advocate often has a better chance of acquittal at the end of the day.

Criminal defendants have the right to a speedy trial by a jury. Public trials are held for the criminal defendant, ensuring that the government does not secretly conduct hearings that violate his rights. However, some courts may opt to close hearings so a victim does not have his or her identity revealed, which is usually done to protect children. A jury, made up of randomly selected community members, is also present.

After a trial is conducted, fully completed without any problems, under no circumstance may the state opt to charge the defendant once more for the same crime. Double jeopardy is often used to describe the attempt to retry a defendant for a crime, and every state is prohibited from such attempts under the United States Constitution.

However, it is possible for a criminal defendant to face claims in civil court after these criminal charges. For example, though the government has already charged Bob for killing Joe, Joe's wife may also want to sue Bob for murdering her husband. This is not double jeopardy because the government is not charging him twice, another individual is suing the defendant. It is also possible for the federal government and the state government to charge a defendant for the same crime.

by: Nick Messe

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