Constitutional rights of accused in criminal cases.
briefly, they may be enumerated as follows:
1. the right to adequate legal assistance.
2. the right, when under investigation for the commission for an offense, to be informed of his right and to remain silent and to have counsel;
3. the right against the use of torture, force,violence,threat,intimidation and other means w/c vitiates the free will;
4. the right against being held in secret,incommunicado or similar forms of solitaire detention;
5. the right to bail and against excessive bail
6. the right to due process of law;
7. the right to presumption of innocence;
8. the right to to be heard by himself and counsel;
9. the right to be informed of the nature and cause of the accusation against him;
10.the right to have a speedy,impartial,public trial;
11.the right to meet the witnesses face to face;
12.the right to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf;
13. the right against self-incrimination;
14. the right against detention by reason of political beliefs and aspirations;
15. the right against excessive fines;
16. the right against cruel,degrading or inhuman punishment;
17. the right against infliction of the death penalty except for heinous crimes; and
18. the right against double jeopardy.
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The 18 constitutional rights of the accused in criminal cases often refer to the protections under the Bill of Rights in the U.S. Constitution, which include rights such as the right to remain silent, right to an attorney, protection against double jeopardy, and protection against cruel and unusual punishment. These rights are crucial to ensuring a fair trial and due process for individuals accused of crimes.
Freedon of association, the right to assemble the right to petition, the right of self- denfence, and the right to vote.
Yes, a defendant accused of violating criminal law can also be sued in civil court for the same action. The outcomes of the criminal and civil cases can be independent of each other, and the defendant can face penalties in both cases if found liable.
The International Criminal Court hears cases of the gravest breaches of international law, specifically cases of genocide, crimes against humanity, war crimes, and crimes of aggression. A case can be brought to the ICC if one or both parties is a national party to the Treaty of Rome. A case can also be recommended by the UN Security Council through a mandatory Chapter Seven resolution bypassing the signatory to the Treaty of Rome requirement.
Civil law involves disputes between individuals, where one party seeks compensation or resolution from another. Criminal law, on the other hand, deals with offenses against the state and establishes punishable actions under the law. Civil law cases involve private rights and remedies, while criminal law cases pertain to public rights and offenses.
The Gideon, Escobedo, and Miranda cases all involve issues related to the rights of criminal suspects. Gideon established the right to legal counsel, Escobedo focused on the right to have an attorney present during police questioning, and Miranda established the right to be informed of one's rights before interrogation. These cases all contributed to shaping and defining individuals' rights within the criminal justice system.
Criminal substantive law defines the specific behaviors that are considered crimes and outlines the penalties for those crimes. Criminal procedural law, on the other hand, sets out the rules and procedures that govern how criminal cases are handled in the legal system, including the rights of individuals during the investigation, trial, and appeal processes.