Ten rights in the Bill of Rights that apply in Criminal Cases are:
Fourth Amendment
- Right not to be subjected to unreasonable search and seizure. In most circumstances, government officials must obtain a search warrant before searching for or seizing evidence. There are some exceptions to this warrant requirement, such as a public safety exception and an automobile exception.
Fifth Amendment
- Right to remain silent. A defendant cannot "be compelled in any criminal case to be a witness against himself."
- Right to not be tried for the same offense twice (no double jeopardy). This does not protect someone from being charged for the same crime by two separate sovereigns (i.e. you CAN be charged for the same crime by a state and by the federal government, they are considered separate sovereigns).
- Right to due process. Protects the defendant's right to a fair trial in many aspects.
Sixth Amendment
- Right to confront witnesses against him. A defendant has a right to cross-examine any witnesses against him.
- Right to represented by an attorney. Right to adequate representation. If a defendant cannot afford an attorney, one must be provided to him.
- Right to a speedy trial. No specific enumerated time period is considered "speedy."
- Right to a public jury trial. Must be allowed to have a trial before an impartial jury of their peers.
Eighth Amendment
- Right to not be subjected to cruel and unusual punishment. The sentence must be proportionate to the crime.
- Right to reasonable bail.
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