The Rights of a Person with Criminal Charges

The US Constitution laid out a comprehensive list of rights a person accused of criminal charges has, such as the right to remain silent, to confront witnesses, to have a public and a jury trial (and a speedy one), to be adequately represented by an attorney, and protection against being tried twice for the same offense, or “double jeopardy”.

Public and Jury Trial

The Sixth Amendment provides a person with criminal charges the guarantee to either a public or a jury trial. Having a public trial is important for a defendant, especially if the courtroom allows the presence of his family and friends, and it further ensures that the government will observe the important rights associated with a trial. In cases involving children, however, courts are most likely to be closed to the public.

Representation

In every criminal prosecution, the Sixth Amendment guarantees the right of the defendant to “have the assistance of counsel for his defense”, or to be appointed with an attorney by a judge (but only if the defendant’s case comes with a punishment of imprisonment for more than six months). The Amendment also states that the defendant must have a lawyer who can adequately defend him.

Double Jeopardy

The well-known provision from the Fifth Amendment states that no one should “be subject for the same offense to be twice put in jeopardy of life or limb”, except when a defendant is charged for the same conduct by different sovereigns.