A defendant is a person, company, or some institution accused in a court of law. The civil or criminal case is filed against the defendant, and the accused can seek relief from the court by appointing an advocate to fight in favor of him. As said by Attorney Miya Griggs, the term defendant differs from one legal system to another.
2. A defendant is a person, company, or some institution accused in a court of law. The civil or criminal
case is filed against the defendant, and the accused can seek relief from the court by appointing an
advocate to fight in favor of him. As said by Attorney Miya Griggs, the term defendant differs from one
legal system to another.
The Civil or Criminal Case
3. In Scotland, the word accused or panel is used in
criminal proceedings and defender in civil cases.
The accused, in case of criminal offenses, have
many constitutional rights. Essential Protection
right is one of them. The crime has to be proved
substantially by the prosecutor against the
defendant. The right to remain silent is another
right enjoyed by the defendant by virtue of which
he cannot be asked to call a witness, unlike in civil
cases.
Civil Public Defender
4. Right to confront witnesses
According to the sixth amendment in the constitution,
there is a confrontation clause that allows the accused
to face the witnesses by cross-questioning them.
The prosecutor cannot prove the accused guilty on
rumors, both written or oral, without shreds of
evidence as per the sixth amendment except the judge
gives verdict on the statements made do not require
any proof or demanding information about the crime of
same nature in the past gathered by the police officials.
5. Right to a Public Trial
The accused is tried in the court of law in the presence of the defendant's family, relatives, localities, and the
press, which ensures fair trial, as said by Attorney Miya Griggs.
6. Right to a jury trial
According to the sixth amendment in the American
constitution, it allows the defendant to be tried by a
jury except for minor cases, which results in the
imprisonment of a maximum of six months. There
should not be a hung verdict I,e the judgment must be
unanimous to held the accused responsible for the
crime. According to Attorney Miya Griggs, the selection
of jury members is either their random selection or
chosen by the lawyers and judges from the number of
aspirants who are not partial.
7. Right to a speedy trial
The accused has a right to demand a speedy trial decided by the judge on its merit as per the sixth
amendment.
8. Right to be represented by an Attorney
The defendant has the right to demand for a
lawyer who could represent on his behalf at
the government's expense to defend him in
case he does not afford.
9. Right to adequate representation
The accused has the right to either hire his personal lawyer or an advocate appointed by the
government to defend his case, which is best for him.
10. Right not to be placed in double jeopardy
The person cannot be tried for the case more than once
for the same offense, which is unlawful.
The accused may be tried for the crime in both federal
and state court for the same act in rare cases, which is
against double jeopardy. The defendant is protected
from being tried for more than one criminal
prosecution arising from the same act as per the clause
of double jeopardy.