The 167th District Court
Basic Constitutional and Statutory Rights of a Criminal Defendant
The Bill of Rights of the U.S. Constitution, and the Texas Constitution guarantee each criminal defendant certain important rights during the criminal process. These rights are not “legal technicalities” as some might suggest. They are a fundamental and vital part of a democratic and truly free society, and they have existed in some form for hundreds of years. They were developed over a substantial period of history as a response to tyrannical rule and unfair court systems. Such systems were used to jail or execute those who dared oppose the government or the state sponsored religion.
The legal concepts and basic rights about which we are speaking
came to America with the early colonists in the 17th and 18th centuries. Bold,
freedom-loving
heroes of the American Revolution, when forming a new government, insisted
that these rights be included as a part of the basic governing rules of
the United States. Essentially the same rights were also adopted as an important
part of the Texas Constitution after Texas gained independence and later
became
a state.
These rights include the rights to an attorney, the right against self-incrimination,
the right to confrontation of witnesses, the right to a public trial by impartial
jury, the right to a presumption of innocence and the right to a grand jury
indictment in felony cases.
- Right to Attorney: A person accused of crime, either misdemeanor or felony, has a right to counsel at every critical phase of the prosecution. If a person is indigent and unable to afford counsel, the court will appoint a lawyer to represent him/her. If a person is in custody and does not waive counsel, he cannot be interrogated by police until counsel is provided. The lawyer’s duty is to assist the client at all phases of the criminal process and insure that a defendant’s decisions are informed and reasoned.
- Rights against self-incrimination: A person in custody has a right to refuse to answer questions and must be warned of this and other rights before police can interrogate him/her (Miranda rights). Also a criminal defendant has a right to remain silent and not testify at trial, and his silence cannot be used as any evidence against him. The jury cannot ever allude to or comment on such failure during its deliberations.
- Right to confrontation of witnesses: A criminal defendant at trial has a right, with limited exceptions, to confront in open court witnesses against him/her. The witnesses must appear in court, testify under oath, and be subjected to cross examination by defense counsel.
- Right to a public trial by impartial jury: Courts are open to the public, and trials can be attended by interested citizens and media. Each defendant and the state have the right to have this public trial before a jury that will be fair and impartial. In a felony case a panel of usually 50 prospective jurors is called to the “voir dire” or jury selection process. At this phase of the trial the lawyers and the judge question these citizens to uncover any prejudice or bias against the defendant, the state, or the law involved. From the 50, twelve are chosen to sit and hear the facts and judge the evidence. This system is generally very effective in insuring a fair trial.
- Presumption of innocence: A defendant at trial is presumed innocent and cannot be convicted until the state has proved each element of the offense beyond a reasonable doubt. The fact that the defendant is in jail and/or has been indicted for the offense is not any evidence of guilt at his trial. All evidence must come from the witness stand, and jurors must be convinced beyond a reasonable doubt from the evidence presented before a conviction can be returned.
- Right to indictment: In Texas, the law dictates that before a defendant can
be forced to face trial in a felony case, a grand jury must return an indictment
for the specific offense charged. A grand jury consists of 12 citizens who
sit for a period of three months and listen to allegations of criminal wrongdoing.
Nine members must determine that probable cause exists to believe the defendant
has committed the offense and vote a true bill before the indictment will issue.
The defendant has no right to appear before the grand jury or offer evidence
before that body, but the grand jury can allow such evidence if it desires.
Grand Jury proceedings are not open to the public, and grand jurors, witnesses and prosecutors who appear are required by law to respect grand jury secrecy.
Last Modified:
Friday, June 20, 2008 12:03 PM
