The rights of the accused are a specific category, or class, of civil and political rights that specifically apply to individuals who have been accused of a crime. The rights of the accused were a legal set of rights that have a philosophical heritage that dates back to the Enlightenment era. These rights are largely derived from the idea that an individual is “innocent until proven guilty.”
The rights of the accused come into effect when an individual is first arrested, although some of these commence as soon as an individual is taken into police custody. The rights of the accused continue throughout until the end of the trial, terminating, with two exceptions, at conviction or acquittal.
The rights of the accused that are in effect while in police custody or while awaiting trial are:
· The right of due process,
· Protection from Illegal searches and seizures
· The right to indictment before a grand jury,
· Protection against self-incrimination,
· Protections against being testified against by a spouse,
· The right to a fair trial,
· The right to a speedy trial,
· The right to a public trial,
· The right of habeas corpus,
· The right to a trial by jury, also known as the right to be tried by a jury of one’s peers,
· The right to notice of accusation, meaning the right to know the nature and cause of the accusation,
· The right to confront one’s accuser,
· The right to counsel,
· and protection against excessive bails, fines, and cruel and unusual punishment.
The protection against excessive bails, fines, and cruel and unusual punishment continues even after conviction. After acquittal, the accused gains protection against double jeopardy, meaning they cannot be charged twice for the same crime.
