In the United States, all criminal respondents are entitled to a fair trial. There are many constitutional safeguards to protect these rights.
Right to legal adviser
The United States Constitution gives everyone the right to have legal advice when they face penalties. If the person hires the lawyer, he or she has the choice of lawyers. If he or she can not afford a lawyer, one is appointed to him or her.
Right to expired process
A criminal defendant is entitled to a fair trial. This means that the defendant is notified of the charges against him or her and the right to hearing on the matter.
Freedom from self-crime
Criminal defendants can not be made to testify against themselves because of the fifth amendment protection. This right applies when a person is questioned by the police as well as in criminal proceedings. If a criminal defendant decides to testify on his own, he or she has the right.
Freedom from the excessive fortress
The constitution also protects people from excessive fortress. This helps the individual to maintain his freedom while the matter is ongoing, including being able to get meaningful access to a lawyer.
Right to jurisprudence
Criminal prosecutors are entitled to be tried by a jury from their peers. He or she may waive this right if he or she prefer to have a bench sample instead. The criminal defense lawyers go through the serious process of helping reveal any jury member to remove such jury members.
The right to confront prosecutors
A criminal defendant is entitled to confront his or her prosecutor. He or she is entitled to review the witnesses who speak to him or her.
Right to present a defense
A criminal defendant is also entitled to submit a defense on his own behalf. This includes the right to show evidence and witnesses to support their defense.
Indigent Defense Services
This program ensures that qualified attorneys and resources are available to provide legal defense to individuals who are guilty of capital breach. Prior to this program, some respondents received only a short-term defense from attorneys who were difficult equipped to take the case. Some trial lawyers who were adopted to just prepare a death penalty for ten hours, drank heavily during the trial or did not provide adequate defense as guaranteed by the United States Constitution before launching this program.
Example cases involving an unfair defense defense
A situation where the unfair defense ceased was in the case of Eddie Ray Routh who was the alleged murderer in the death of Navy Seal Chris Kyle and his friend Chad Littlefield, who appeared in the movie American Sniper. Routh was convicted of murder and sentenced to death in prison.
His defense lawyers appealed the conviction, stating that Routh did not get a fair trial. According to lawyers, the trial began less than a month after the film was released, which followed Kyles autobiography as a sniper for the United States government. The trial was held in a city of 19,000 where the crimes occurred. This Texas city had a strong link with Kyle who attended the local university. The lawyers had tried to bring the matter up. This was denied. The lawyers also tried to make the site change, but this request was also denied. The judge decided that the jurys choice had been smooth and it was a fair trial.
But more than half of the jury admitted that she had seen the film even though they stated that it did not affect their opinion about the defendants debt. While the film does not depict the actual killing, the final scene shows that the victims leave Rouths character to go to the place where the killing occurred. In addition to this harmful material, the city even took a special day to celebrate Kyle in the city and honor him as an American military hero. Especially in the case, the lawyers say there was a little deliberation, which shows that the jury had already made its opinion before the trial ever ceased.
It is very important for criminals to seek lawyer to ensure that all of their constitutional rights are protected. A criminal defense attorney can help develop an effective legal strategy to protect the defendant.