Post by Jim on Feb 10, 2009 9:13:51 GMT -5
Your Rights when Falsely Accused of Sexual Abuse & Child Molestation
Fifth Amendment
"The Fifth" protects one against self-incrimination (you can’t be forced to testify against yourself). The prohibition against double jeopardy (being tried twice for the same offense) is found in the Fifth Amendment. "The Fifth" also contains the important due process clause: The state is prohibited from any deprivation of life, liberty, or property without due process of law.
Eighth Amendment
This amendment bars the state from excessive bail or excessive fines. The Eighth Amendment also prohibits cruel and unusual punishments.
The right to remain silent
Found in "The Fifth" described above. This right is so important, it deserves more than a cursory discussion. This right provides that a criminal defendant cannot be called as a witness at his own trial. Nor can a criminal defendant be made to testify, or even answer questions if it may incriminate him. Even at grand jury proceedings, the witness may refuse to answer any questions that suggest the possibility that he will incriminate himself. That means that if a person's answer to a question would require them to admit some action that constitutes a crime, and would subject them to criminal prosecution, he can refuse to answer. To compel answers in this context, prosecutors may give the witness immunity from prosecution to force them to testify despite their Fifth Amendment rights.
The right to an attorney
This right also stems from the Sixth Amendment and guarantees the right to legal counsel at all important stages of the criminal process. The right to legal counsel is so important that a parallel right is given to persons who are unable to pay for legal counsel: The government will pay to have an attorney appointed. Both the federal and the state systems have procedures for the appointment of attorneys for indigent defendants. The right to an attorney has been expanded to cover the interrogation phases of an investigation, the trial, sentencing proceedings and an initial appeal of any conviction.
The right to a jury trial
This right is basic to American jurisprudence. Remember the Spanish Inquisition or the Star Chamber? The people who founded the United States remembered, and that’s why trials in this country must be open and public. In the old common-law system, a criminal defendant was entitled to a public trial by jury in cases of felonies and misdemeanors where the term of imprisonment exceeded one year. Under modern constitutional law, a jury trial is required where the term of imprisonment may exceed six months.
Fifth Amendment
"The Fifth" protects one against self-incrimination (you can’t be forced to testify against yourself). The prohibition against double jeopardy (being tried twice for the same offense) is found in the Fifth Amendment. "The Fifth" also contains the important due process clause: The state is prohibited from any deprivation of life, liberty, or property without due process of law.
Eighth Amendment
This amendment bars the state from excessive bail or excessive fines. The Eighth Amendment also prohibits cruel and unusual punishments.
The right to remain silent
Found in "The Fifth" described above. This right is so important, it deserves more than a cursory discussion. This right provides that a criminal defendant cannot be called as a witness at his own trial. Nor can a criminal defendant be made to testify, or even answer questions if it may incriminate him. Even at grand jury proceedings, the witness may refuse to answer any questions that suggest the possibility that he will incriminate himself. That means that if a person's answer to a question would require them to admit some action that constitutes a crime, and would subject them to criminal prosecution, he can refuse to answer. To compel answers in this context, prosecutors may give the witness immunity from prosecution to force them to testify despite their Fifth Amendment rights.
The right to an attorney
This right also stems from the Sixth Amendment and guarantees the right to legal counsel at all important stages of the criminal process. The right to legal counsel is so important that a parallel right is given to persons who are unable to pay for legal counsel: The government will pay to have an attorney appointed. Both the federal and the state systems have procedures for the appointment of attorneys for indigent defendants. The right to an attorney has been expanded to cover the interrogation phases of an investigation, the trial, sentencing proceedings and an initial appeal of any conviction.
The right to a jury trial
This right is basic to American jurisprudence. Remember the Spanish Inquisition or the Star Chamber? The people who founded the United States remembered, and that’s why trials in this country must be open and public. In the old common-law system, a criminal defendant was entitled to a public trial by jury in cases of felonies and misdemeanors where the term of imprisonment exceeded one year. Under modern constitutional law, a jury trial is required where the term of imprisonment may exceed six months.
