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Topic: Rights of the Accused

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	Article 21. Rights of accused; indictment; counsel; confrontation; speedy trial; impartial and unanimous jury.
		The speedy trial right was intended to minimize the anxiety of the accused, his family, and friends, and to protect the accused from public scorn, financial ruin, and having to curtail his speech and associations.
		The right to a speedy trial involves a nice balancing of two rights of society: the primary obligation to ascertain the guilt or innocence of an accused, and the accused's right to have the accusation determined without oppressive delay.
		Accused, having by his own course of action waived his right to a speedy trial, cannot later be heard to complain that there was a denial of that right.
	www.elections.state.md.us /citizens/law/mdr21/mdr_21.htm (16411 words)

	Malimuth Committee - Safegaurd the rights of the accused
		We are made to believe that the presumption of innocence of the accused, his silence and the privilege against self-incrimination have been principally responsible for the increase in the crime rate in the country.
		Right to fair trial is the basic premise of all procedural laws.
		Right to silence and the right against self-incrimination have been watered down quite considerably by interpretation than by legislation.
	www.pucl.org /Topics/Law/2003/malimath.htm (2302 words)

	Defendants' Rights During a Trial: The Bill of Rights (Site not responding. Last check: 2007-10-18)
		This gives defendants the right to cross-examine witnesses -- that is, the right to require the witnesses to come to court, "look the defendant in the eye," and subject themselves to questioning by the defense.
		This is an important right, because the presence in courtrooms of a defendant's family and friends, ordinary citizens, and the press can help ensure that the government observes important rights associated with trials.
		The Sixth Amendment gives a person accused of a crime -- other than a petty offense carrying a sentence of six months or less of jail time -- the right to be tried by a jury.
	www.nolo.com /encyclopedia/articles/crim/defendant_rights.html (1288 words)

	The Bill of Rights: The Rights of the Accused
		The idea behind the right to a speedy trial is to ensure that a federal prosecutorial hammer is not held over someone’s head for an indefinite period of time and to prevent indefinite detentions of people accused of crimes.
		The right to be informed of the nature and cause of the accusation requires a formal written charge (i.e., a grand jury indictment) detailing the offense with which the accused is charged, which better enables him to defend himself against the charges.
		Among the most important rights is the right to confront the witnesses on whose testimony the government is relying to prosecute the accused.
	www.informationclearinghouse.info /article9255.htm (1467 words)

	Rights of the Accused (Site not responding. Last check: 2007-10-18)
		The accused have the right to confer with their attorney before a police interrogation, during the trial and at any other critical stage in the proceedings against them, such as a preliminary hearing, lineup or appeal.
		The accused may waive the right to counsel but it must be an intelligent one where the defendant recognizes the consequences of this action.
		The right to a speedy and public trial, with an impartial jury or judge, in the area where the crime was committed.
	www.aceproject.org /main/english/ei/eih03a.htm (528 words)

	Rights Of The Accused Source
		Right of the Accused to Trial by Jury...
		Rights of the accused, however, remain.....Helsinki Watch; the League of Human Rights; parliament's Committee on Human.....the presumption of...
		The rights of the accused is a class of rights in that apply to...
	www.onlinejournalismawards.org /legal/rights-of-the-accused.html (313 words)

	Rights of Accused Persons and Convicted Offenders - Justice versus Retribution - Monograph No 45, February 200
		Almost three-quarters of respondents thought that it was important that the criminal justice system respected the constitutional rights of accused persons, such as the right to remain silent, the right to bail, and the right to appear in court within 48 hours of being arrested.
		Everyone who is detained, including every sentenced prisoner, has the right to have a legal practitioner assigned to him or her by the state and at the state’s expense, if substantial injustice would otherwise result, and to be informed of this right promptly.
		Everyone who is arrested for allegedly committing an offence has the right to remain silent; to be brought before a court as soon as reasonably possible, but not later than 48 hours after the arrest; and to be released from detention if the interests of justice permit, subject to reasonable conditions.
	www.iss.org.za /Pubs/Monographs/No45/RightOfAccu.html (2794 words)

	By-Laws to Charter by BJA - Stanford University Office of Judicial Affairs
		The accused and the complainant are expected to speak for themselves at hearings.
		Presentation of evidence and testimony, as well as, questioning of the accused and of witnesses at Judicial Panel hearings shall be conducted in a manner that is courteous to all participants, that is devoid of intimidation and harassment, and that limits discussion to information relevant to the facts and issues of the case.
		Both the complainant and the accused student are expected to cooperate fully with an investigation of the facts of a case and with the adjudicative process.
	www.stanford.edu /dept/vpsa/judicialaffairs/judicialprocess/by-laws.htm (1701 words)

	Legal Resources for Filipinos (Site not responding. Last check: 2007-10-18)
		Enshrined in the Bill of Rights is the right of the accused to be presumed innocent until the contrary is proved, and to overcome the presumption nothing but proof beyond reasonable doubt must be established by the prosecution.
		A significant, if not perhaps the primordial concern in the criminal prosecution of an accused is the correct identification of the author of the crime and the other, of course, would be the actuality of the commission of the offense in which he is shown to be responsible or has participated.
		The guilt of the accused must be proved by the State beyond reasonable doubt on the strength of its evidence and without solace from the weakness of the defense.
	pinoycriminalprocedures.freeservers.com /SCDoctrines/Rights%20of%20Accused.htm (2411 words)

	Rights of Accused Priests Toward a revision of the Dallas charter and the
		Rights of Accused Priests Toward a revision of the Dallas charter and the
		If church personnel accused of abuse are asked to step aside from the office they hold while the matter is pending, it is to be clearly understood that they are on leave and that no admissions of guilt are implied by this fact.
		Accused policemen and public officials are often suspended pending the investigation of their cases.
	www.justiceforpriests.org /rights_of_accused_priests.htm (3018 words)

	WFU \| Judicial Affairs \| For Students \| Rights of the Accused Student
		The Judicial Council strongly recommends that accused students utilize their assigned advisors, though the decision to do otherwise will not be considered during the deliberative process.
		The student has the right to be present at all times and at all phases of the hearing except deliberation.
		The student has the right to request that the hearing be reopened upon the written presentation of germane new evidence.
	www.wfu.edu /judicial/students-rights.html (325 words)

	NASIOC - The Rights of the Accused
		This is because the rights of the accused and the truth function of the trial are at odds.
		Evidence that was obtained in violation of the rights of the accused is excluded from trial.
		Since perfection is not obtainable, and the absolute truth cannot be obtained in trial, the rights of the accused have to be protected to ensure that the fewest possible guilty go free, and the fewest innocents possible go to jail.
	forums.nasioc.com /forums/showthread.php?t=479625 (5283 words)

	Online Legal Resources
		The accused may, however, waive his presence at the trial pursuant to the stipulations set forth in his bail, unless his presence is specifically ordered by the court for purposes of identification.
		The absence of the accused without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat.
		Upon motion, the accused may be allowed to defend himself in person when it sufficiently appears to the court that he can properly protect his rights without the assistance of counsel.
	pinoycriminalprocedures.freeservers.com /Rights%20of%20Accused.htm (310 words)

	RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS. (Site not responding. Last check: 2007-10-18)
		In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county or district wherein the crime shall have been committed, which county or district shall have been previously ascertained by law.
		In all prosecutions of crimes defined by law as felonies, the accused has the right to a jury of 12 members.
		The accused shall enjoy the right to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel in his defense.
	www.house.leg.state.mn.us /cco/rules/mncon/art1_6.htm (132 words)

	Briefing Paper on Legal Issues and Witness Protection in Criminal Cases - Chapter Seven: Witness's Rights v's Accused's ... (Site not responding. Last check: 2007-10-18)
		In European Law all of the case law involves accused persons as applicants and the focus is on their rights under Article 6 generally and Article 6 (3) (d) in particular, which requires "equality of arms" between the prosecution and the defence in relation to the attendance and examination of witnesses.
		That the accused should not be convicted solely or to a decisive extent on the evidence of an anonymous witness.
		Furthermore, Article 21 of the Statute, providing for the accused to be "entitled to a fair and public hearing", is subject to Article 22 which obliges the Tribunal to provide for the protection of victims and witnesses in the Rules of Procedure and Evidence.
	www.scotland.gov.uk /cru/kd01/green/briefing-09.htm (1596 words)

	Rights of the Accused Riverside Criminal Defense Attorneys Lawyers (Site not responding. Last check: 2007-10-18)
		Right to an Attorney – Defendants have the right to an attorney throughout legal proceedings.
		Right Against Self-Incrimination – Defendants have the right to remain silent and not incriminate themselves, and the right to testify on their own behalf.
		Right to Produce Evidence – Defendants have the right to present evidence and to have the court issue a subpoena to bring into court all witnesses and evidence favorable to them, at no cost to them.
	blumenthallawoffices.com /PracticeAreas/PracticeAreaDescriptions1.asp (221 words)

	[No title] (Site not responding. Last check: 2007-10-18)
		The right of the accused not to be forced to testify also generally applies to their wife or husband.
		In jurisdictions where there is a private legal aid scheme, an accused person who cannot financially afford a lawyer can, if his or her application to legal aid is accepted, select a lawyer of his or her choice from a list of lawyers who have agreed to participate in the legal aid panel.
		When the accused presents the court with a letter from his or her lawyer setting out the trial dates, the lawyer has gone on the record as representing the client.
	www.ojp.usdoj.gov /bjs/pub/ascii/wfbcjcan.txt (9993 words)

	Rights of the Accused (Site not responding. Last check: 2007-10-18)
		Through this process, the person suspected or accused of a crime has constitutional protections of his or her civil liberties Some of the protections a person has are in article 1 of the Constitution.
		Defendants or those accused of crimes are also guaranteed a public trial within the 6th amendment.
		The 6th amendment says the defendant has the right to: know the crime they are accused of, face the witnesses against them, question the witnesses in open court, be able to call witnesses in their favor, and have the help of a lawyer.
	www.gshaskell.com /socsci/rightsaccused.html (906 words)

	CAMPUS JUDICIAL PROCEEDINGS - Rights of the Accused (Site not responding. Last check: 2007-10-18)
		The right to attend classes and required University functions until a hearing is held and a decision is rendered.
		Exceptions to this would be made when a student's / organization’s physical or emotional safety and well-being is endangered: when the general safety of students, faculty, or university property is endangered, or when the orderly progression of the educational objectives of the institution may be disrupted.
		Such temporary protective measures may be applied where the student/organization is accused of violation of a University regulation or of a local, state, or federal law or regulation.
	www.gsw.edu /~activities/Judicial/accused.html (288 words)

	Rights of the accused -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-18)
		Rights of the accused -- Facts, Info, and Encyclopedia article
		The rights of the accused is a class of rights in that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted.
		Promotion of the rights of the accused sometimes comes into conflict with promotion of (Click link for more info and facts about victim's rights) victim's rights.
	www.absoluteastronomy.com /encyclopedia/r/ri/rights_of_the_accused.htm (107 words)

	Rights of accused priests vary depending on order: 3/10/02
		While priests everywhere anguish over the flood of sexual abuse allegations against dozens of their colleagues, some have charged that they're the victims of a witch hunt who are being personally and professionally ruined without due process.
		He is deeply upset that the names of accused priests are being made public, often without their knowledge.
		Wholesale release of the names of victims and accused priests to prosecutors and the public, said former Monsignor Higgins, is "morally wrong because it violates privacy and confidentiality and the idea of a reputation and a good name."
	www.s-t.com /daily/03-02/03-10-02/b06sr072.htm (557 words)

	Foldvary: The Rights of the Accused
		If a person is suspected or accused of a crime or infraction, he retains his human right to be free from harm.
		Court cases have provided four criteria for whether a delay in the trial is reasonable: the length of the delay, the justification for a delay, how the defendant asserted his right to a speedy trial, and the harm caused by the delay.
		The U.S. government is violating the natural rights of prisoners of the 'War on Terror' or in Iraq held without charges, and acting beyond the powers delegated to it by the Constitution.
	www.progress.org /2004/fold349.htm (886 words)

	Someplace Somewhere - Rape and the Rights of the Accused (Site not responding. Last check: 2007-10-18)
		The accused has thhe right to be confronted with the accusation against him.
		This includes all of the facts of the case, and since rape involves a person, and one of the facts is the identity of the person, he will know who she is. Rape victims are not anonymous to the court.
		If they indict, the accused is given an arraignment, where the charges against him are formally presented to him and he will be asked to enter a plea.
	www.someplacesomewhere.com /topic.asp?TOPIC_ID=21457 (927 words)

	Right of the Accused to Trial by Jury
		Louisiana, 391 U.S. In both state and federal courts, an accused person still may waive the right to a trial by jury in favor of a bench trial before a judge.
		This section of "The American Jury" provides lessons and resources for explaining the evolution of the right of the accused to trial by jury in both federal and state courts.
		It also includes information about the further development of this right as it relates to the jury's role as "triers of fact" in criminal proceedings.
	www.crfc.org /americanjury/right_accused.html (234 words)

	United States Bill of Rights (from Bill of Rights) -- Britannica Student Encyclopedia
		It incorporated the provisions of the Declaration of Rights, acceptance of which had been the condition upon which the throne, held to have been vacated by James II, was offered to the prince and princess of...
		These rights were initially (generally from the 18th century on) confined primarily to the actual trial itself, but in the second half of the 20th century many countries began to extend them to the periods before and after the trial.
		Natural rights are those rights that any person can claim by virtue of his or her humanity; the right to life is most basic of these.
	www.britannica.com /ebi/article-197447 (856 words)

	Guardian Unlimited \| The Guardian \| Marcel Berlins: Victims' rights shouldn't impinge accused's rights
		Victims' rights are important, but they should not impinge on the rights of the accused
		The two crimes mentioned, murder and rape, have presumably been chosen because trials often include, as part of the defence, attempts to smear the character of the deceased or complainant.
		If the purpose of the proposal is to allow, say, a murdered person's family to refute an accused's flening of their loved one's character, that should be done through the prosecutor, and that could include the calling of new witnesses to testify to the deceased's good character.
	www.guardian.co.uk /g2/story/0,3604,1485363,00.html (768 words)

	My Employment Lawyer
		In other words, if the accused is a 50-year-old manager and the owner has condoned the same or similar behavior by his young son, the owner must treat the 50-year-old manager the same way.
		This right does not exist, however, with respect to investigations conducted in-house by the employer.
		The rights of the accused are still in their infancy and have a long way to go before they are fully developed.
	www.myemploymentlawyer.com /sexual-harassment-accused.htm (837 words)

	SA Constitution - Chapter 2 (Site not responding. Last check: 2007-10-18)
		(3) The rights in the Bill of Rights are subject to the limitations contained or referred to in section 36, or elsewhere in the Bill.
		Everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights.
		Everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum.
	www.polity.org.za /govdocs/constitution/saconst02.html (3850 words)

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