The criminal defendants have a lot of rights enshrined in the constitution. The state and the federal laws offer the defendants numerous rights to ensure that they are tried and judged with a lot of fairness in their criminal cases. Some of the rights of the defendant in a criminal case include:
- Right to a public trial: Every criminal defendant has a right to be tried by a jury as stipulated in the constitution. Juries comprises of a group of people who are selected randomly by the lawyers and called by the court for the prosecution and the defense of the defendant. This is one of the most important rights of the accused. The presence of the family members, friends, lay men and women, and the press will put pressure on the government to observe and respect the important rights associated with trials. Unless the court decides otherwise, depending on the sensitivity of the case at hand, the defendant must always be tried in public.
- Right to fair treatment: Every defendant has the right of not being subjected to cruel and unusual punishment. The federal and state laws prohibit cruel and harsh punishments if the accused is convicted. Under this right, the prisoner has the right to access medical care. Also, the right guarantees the prisoner that the sentence will or is not disproportionate to their crime. For instance, a person who is convicted of minor theft cases cannot be condemned to life imprisonment without parole or death.
- Right to representation: In case a defendant cannot manage to hire a lawyer to represent him or her, the government should provide him with one. Also, a defendant has the right to reject any legal representation and represent himself. Note that adequate legal representation does not guarantee the defendant a perfect legal counsel. Additionally, legal representation does not protect the defendant from the mistakes and errors committed by his lawyer.
- The right to confront witnesses: The federal and the state laws authorize the defendant to confront or cross-examine the witnesses. This action helps the defendant to prepare on how to counter any piece of testimony placed against him. Additionally, the juries may determine whether are reliable and also allow the defendant to face the meet the defendant in person.
- Right speedy trial: The criminal defendant has the right to have a speedy trial. A speedy trial ensures that the government does not conduct other secret hearings that are likely to violate the defendant’s rights.
- Right to remain silent: According to the US Constitution, a defendant cannot be forced to be a witness in any criminal case against him. He or she cannot be compelled to speak if he decides to remain silent. Neither the judge nor the prosecutor or the defense attorney can force the defendant to testify.
The criminal defendants, persons charged for committing crimes, have numerous rights as provided by the constitution and the state and the federal laws. As a defendant, it is important to hire the best criminal defense attorney in Orlando to ensure that none of the above rights are overlooked. These rights ensure that the trial process is fair to all parties involved. Every person in the court of law is protected by the constitution including the defendant.