The Criminal Justice System can be intimidating. However, criminal defendants
have many rights. Through each stage of the criminal justice system, there are
important rights that the government must uphold, including Miranda rights such
as the right to remain silent, "search and seizure" rights, key rights of criminal
defendants, and the various prisoner rights guaranteed by the US Constitution.
Your Rights with Police:
•Miranda Rights - a criminal suspect's rights during police interrogations, includ-
ing the right to remain silent and the right to have an attorney present.
•Search and Seizure - the 4th Amendment offers protection from unreasonable
searches and unlawful arrests.
•Strip Search after an Arrest - courts are split over whether jails and prisons can strip search inmates without an individualized suspicion.
Rights of the Accused:
•Fifth Amendment Right Against Self-Incrimination - the government can't force individuals to make statements that would implicate them in a crime.
•Right to Counsel - criminal defendants have the right to legal representation by a qualified and competent criminal defense attorney.
•Right to Speedy Jury Trial - the government must bring a defendant to trial in a reasonable amount of time.
•"Double Jeopardy" Protections - with a few important exceptions, the
government can't prosecute individuals for the same crime twice.
•The 6th Amendment's Confrontation Clause - defendants in a criminal
case have the right to confront the witnesses against them.