• SearchField_GetLegal

Fundamental Rights of the Accused

5th Amendment Rights

Fundamental Rights of the AccusedUnder the 5th Amendment, you have the right to refuse to answer questions, or make statements, that might incriminate you. This applies at any stage of a criminal investigation or prosecution.

The 5th Amendment also contains the Due Process Clause, which protects you from suffering certain consequences without due process of law. As the judicial interpretation of the Due Process Clause has evolved, it has been subdivided into two guarantees: substantive due process and procedural due process. Substantive due process refers to specific rights, such as rights related to free speech, voting, and association. Procedural due process ensures that the adjudication process,the way you are tried for a crime, is fair and impartial.

6th Amendment Rights

The 6th Amendment sets forth specific rights for criminal defendants, including:

  • the right to trial by jury;
  • The right to trial in a timely manner;
  • the right to be informed of the nature and cause of all accusations against you;
  • the right to confront witnesses against you;
  • the right to have legal counsel available to you; and
  • the right to compel witnesses to testify on your behalf.

8th Amendment

The 8th Amendment prohibits excessive bail or cruel and unusual punishment (though it does not define either term).

The Miranda Warnings

In an expansion on the rights set forth in the Constitution, the U.S. Supreme Court established, in its 1966 ruling in Miranda v. Arizona, that anyone taken into custody be provided with notice of the following:

  • that they have the right to remain silent;
  • that anything they say can and will be used against them in a court of law;
  • that they have the right to be represented by counsel; and
  • that, if they cannot afford an attorney, one will be appointed for them.

Though some of the provisions of Miranda have been weakened, it remains the law of the land.

Other Resources

Connect with Top-rated Attorneys Near You

    Latest Article

      GETLEGAL®ATTORNEY DIRECTORY

      Find Leading Attorneys in Your Area

          NEED PROFESSIONAL HELP?

          Talk to an Attorney

          How It Works

          • Briefly tell us about your case
          • Provide your contact information
          • Choose attorneys to contact you
          • SearchField_GetLegal

          ABOUT GETLEGAL

          Our mission at GetLegal is to develop a family of sites that constitute the most useful, informative, reliable and exciting collection of legal resources on the web. We are constantly working to expand and improve many resources we offer to legal professionals and the public.

          Contact Us : 817-359-7077

          RECENT TWEETS

          NEWSLETTER SIGN-UP

          By submitting information to this site, you give permission to GetLegal, or a partner of GetLegal, to contact you by email.

          Advertise With Us

          © 2008-2021 LawConnect, Inc. All rights reserved. Sitemap | Copyright/DMCA Policy | Privacy Policy | Terms of Use | Disclosures/Disclaimers