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Criminal Law Basic Rights.

In the United States all persons who are charged with a crime are presumed innocent until proven guilty in a court of law.  The burden is upon the prosecution to prove beyond a shadow of a doubt that the suspect is guilty of breaking the law.  The defendant is never required to prove or show reason why he or she is innocent of the charges.  If a judge or jury has any doubt about the guilt of the defendant, they must find in his or her favor.

All persons charged of a crime are also entitled to legal counsel.  If the person cannot afford or provide his or her own legal counsel, the court will provide legal counsel at the court's expense.

Defendants are also afforded the right to a speedy trial.  The police or other law enforcement entity cannot hold a defendant indefinitely without quickly bringing charges against them and then providing them a speedy trial.

Under the Miranda ruling all persons arrested must be informed of their right to legal counsel and their right to refuse to speak to the authorities.  If not informed of these rights, implicating statements they might make may not be used against them in a court of law.

Defendants may also not be charged more than once for the same crime.  Referred to as double-jeopardy, if a defendant is found innocent of a crime he or she may not be charged again for that same crime for any reason; even if later, evidence is uncovered showing that the defendant may have been indeed guilty.

 

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Facts of Law explaining the basic right in criminal law

Facts of Law - Criminal Law Basic Rights