Rights of the Accused Definition
Rights of the accused definition is a right given by law in the accused
that allegedly violated the law that govern in the people in the community that
needs to obey by the law enforces and other authorities those have rights to investigate, hold the person / people into custody for justice and life
preservation if the person has important knowledge of the case.
All countries might have right
of the accused, the right of the accused might revocable if there is law that
govern to revoke the right in some valid reasons or the right like this is
irrevocable if there was law that mandated that this right is irrevocable.
The law enforcers are mandated
to follow this right as part of the human right maybe, if the martial law
existed or was declared by the commander – in – chief of the nation might still
be follow for human consideration.
Right of the Accused
The right of the accused is very important to the person who being
charged of the crime due to he / she was the possible creator of the crime that
happened.
Here are some rights of the
accused
Right to choose the lawyer by
his / her own choice
Right to know the nature of the
offense and the cause of accusation
(The right of the Accused
during Trial)
Speedy Trial
Fair Trial
The right to remain silent is
the common used by the law enforcer to inform the accused either from caught in
the act or by virtue of warrant of arrest. The purpose of the right to remain
silent due to the words that came from the mouth of the allegedly creator of
the crime might use against him / her or if lucky might use in favor to the
accused.
The right to choose the
Attorney of government and even private as defendant of the case and no one can
compel the defendant wether what the defendant’s wants.
The accused has the right to
know the reason why he / she were arrested, who filed a case against him / her
and what was the case or the nature of the offense. Should inform by arresting officer the reason
why he / she were apprehended.
These right of the accused can
be perform outside trial, in the law enforcer stage but the right to remain
silent might in general stage which means in all stage of criminal justice
system.
Speedy trial is a right of the
accused in the prosecution and in the court stage (not all countries have
prosecution stage) only. No one wants a long trial especially if the evidence
is insufficient to convince the jury beyond reasonable doubt. The defendant
might file a demurrer of evidence, and same manners and appealing the right for
speedy trial.
Fair trial is for all and no
one wants being aggravated and the court was in the side of defendant until
proven by the complainant’s side that the person was the responsible of the
crime.
No comments:
Post a Comment