cooked again again Flashcards
Key Rights of the Accused
Right to Free Access to Courts and Adequate Legal Assistance
Right to Be Informed of Rights
Right Against Torture, Force, Violence, or Threats
Right Against Secret Detention
Right to Bail and Protection from Excessive Bail
Right to Due Process of Law
Right to Presumption of Innocence
Right to Be Heard
Right to Be Informed of the Accusation
Right to a Speedy, Impartial, and Public Trial
Right to Face Witnesses
Right to Secure Witnesses and Evidence
Right Against Detention for Political Beliefs
Right Against Excessive Fines
Right Against Cruel, Degrading, or Inhuman Punishment
Right Against the Death Penalty (Except for Heinous Crimes)
Right Against Double Jeopardy
o Lawsuits do not require payment of court fees.
o The state provides free legal counsel through the Public Attorney’s Office for
those who cannot afford it.
Right to Free Access to Courts and Adequate Legal Assistance
o The accused must be informed of their right to:
Remain silent.
Have competent and independent legal counsel.
o Authorities must ensure these rights are understood and observed at the moment
of arrest or detention.
Right to Be Informed of Rights
o Evidence obtained through torture, coercion, or secret confinement is invalid.
o Authorities who violate this are subject to penalties.
Right Against Torture, Force, Violence, or Threats
o Solitary confinement and secret detention are prohibited.
Right Against Secret Detention
o Bail temporarily releases the accused while awaiting trial, provided they are in
legal custody.
o Bail may not apply to capital offenses (e.g., crimes punishable by life
imprisonment or death).
o The court determines the appropriateness of bail based on:
The severity of the offense.
Evidence of guilt.
The accused’s capacity to fulfill bail conditions.
Right to Bail and Protection from Excessive Bail
o Ensures that the accused is tried by a competent court through a lawful and fair
process.
Right to Due Process of Law
o The accused is considered innocent until proven guilty beyond a reasonable
doubt.
Right to Presumption of Innocence
o The accused has the right to personally defend themselves or through legal
counsel.
Right to Be Heard
o The accused must be clearly informed of the nature and cause of the charges
against them.
Right to Be Informed of the Accusation
Trials must be conducted without unnecessary delays and with complete impartiality.
Right to a Speedy, Impartial, and Public Trial
The accused has the right to confront witnesses testifying against them in court.
Right to Face Witnesses
The accused can compel witnesses to testify and present evidence in their defense.
Right to Secure Witnesses and Evidence
Guarantees freedom to express political beliefs and aspirations without fear of arrest.
Citizens can demand change or removal of officials without unlawful detention.
Right Against Detention for Political Beliefs
Fines imposed must align with existing laws and not be excessive.
Right Against Excessive Fines
