How the U.S. Constitution Protects a Defendant.
How the U.S. Constitution Protects a Defendant: The United States justice process is based on a principle accorded by the Bill of Rights, that a defendant is presumed innocent until such a time that the prosecution proves beyond reasonable doubt, guilty the said defendant.
Throughout the legal justice criminal prosecution process, the defendant is protected by the U.S constitution for the sole purpose of a free and fair trial. This process begins with an arrest and ends at a point before, during or after a trial.
The defendant can accept a plea bargain offered by the prosecution to plead guilty as charged or to lesser offenses for leniency before the trial, at which point the process is concluded (Schultz, 2009).
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right to remain silent to the suspect, which protects the suspect from being compelle to be a witness against him or herself. The Fifth Amendment further provides that, if a defendant chooses to remain silent, the prosecutor cannot call the defendant to be a witness, nor can a judge or defense attorney force the defendant to testify (Bergman, Berman, 2002). Only in a civil case may the defendant be force to testify.
Upon arrest, the suspect is booke and place under custody. If the crime a defendant has been charge with carries a jail sentence. The right to adequate representation is provided for in the Sixth Amendment to assist with defense counsel (Bergman, Berman, 2002).
Bergman, P., & Berman-Barrett, S. J. (2002). The criminal law handbook: Know your rights, survive the system. Berkeley, CA: Nolo.
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