DUMAUG: RIGHTS OF THE ACCUSED

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DUMAUG: RIGHTS OF THE ACCUSED

  1. 1. ARTICLE 3. BILL OF RIGHTS1) DUE PROCESS 7) LIBERTY OF ABODE &2) EQUAL PROTECTION TRAVEL3) FREEDOM FROM 8) THE IMPAIRMAINT UNWARRANTED CLAUSE SEARCHES AND SEIZURES 9) EX POST FACTO LAWS4) PRIVACY OF 10) NON-IMPRISONMENT FOR COMMUNICATIONS AND DEBT CORRESPONDENCE 11) INVOLUNTARY SERVITUDE5) FREEDOM OF 12) THE WRIT OF HABEAS EXPRESSION CORPUS6) FREEDOM OF RELIGION 13) RIGHTS OF THE ACCUSED
  2. 2. RIGHTS OF THE ACCUSED
  3. 3. CRIMINAL DUE PROCESSSection 14 (1). No person shall be held to answer for a criminal offense without due process of law.
  4. 4. “No person shall be compelled to be a witness against himself”
  5. 5. CUSTODIAL INVESTIGATION “questioning initiated by law enforcement officers after a person has been taken intocustody or otherwise deprived of his freedom of action in any significant way”
  6. 6. MIRANDA DOCTRINE
  7. 7. “it is likewise timely to impress anew on police officials that the imperative requirements of truth and humanity condemn the utilization of force and violence to extract confessions fromunwilling victims. Crimes must be punished and the guilty must not be allowed to escape. A desirable end cannot, however, be attained by unconstitutional means. There should be less than full blown respect for the law if in the process of enforcing it lawless methods are employed”
  8. 8. Police Brutality, torture, salvaging, hamletting, zona etc
  9. 9. RIGHT TO BAIL “Bail is the security given for the release of aperson in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as may be required”
  10. 10. “In all criminalprosecutions, the accused shall be PRESUMED INNOCENT until the contrary is proved”
  11. 11. RIGHT TO BE HEARD the accused“shall enjoy the RIGHT TO BE HEARD by himself and counsel
  12. 12. RIGHT TO BE HEARD BY COUNSEL“without counsel, he may be convicted not because he is guilty but because he doesnot know how to establish his innocence”
  13. 13. NATURE AND CAUSE OF ACCUSATION “The defendant is entitled to know thenature and cause of the accusation against him so he can ADEQUATELY PREPARE for his defense.”
  14. 14. SPEEDY, IMPARTIAL AND PUBLIC TRIAL“the speedy determination of an actionimplies a speedy trial, speed is not the chief objective of a trial.”
  15. 15. THE RIGHT OFCONFRONTATION
  16. 16. COMPULSORY PROCESS SUBPOENASUBPOENA DUCES TECUM
  17. 17. PROHIBITED PUNISHMENTS “cruel, degrading or inhuman punishment.”
  18. 18. DOUBLE JEOPARDYREQUISITES:1. Valid complaint or information2. Filed before a competent court3. Defendant had pleaded4. Which he had been previously acquitted or which was dismissed or otherwise terminated without his express consent.
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