Miranda Rights Case

Introduction
A defendant has rights from the moment of arrest through the trial process and appeal process. Starting with being read their Miranda rights. During an initial hearing the suspect is advised of their right to have an attorney appointed for them and their protection against self- incrimination. The Sixth Amendment right to counsel means that an attorney will be provided if they cannot afford one themselves. The defendant also enjoys the right to a speedy trial, the implied right to bail, right to an impartial judge and jury, rights to a certain sentence and right to appeal.
Miranda Rights
When a suspect is placed under arrest the officer must advise the suspect of their Miranda rights. These rights protect the suspects 5th Amendment

For the defense, this prevents excessive incarceration, minimizes anxiety for the defendant and can prevent damage to the defendant’s case from a long delay. The time frame of when this right applies is after the defendant has been accused, also known as the accusation rule. The Sixth Amendment also provides in part that the accused enjoys the right “to have compulsory process for obtaining witnesses in his favor.” This means compelling a witness to testify in court and usually involves a court issues subpoena. Although under the Sixth Amendment the defendant has a right to counsel sometimes they choose to represent themselves as this is a constitutional right as well. Under the Sixth Amendment the defendant is required to be provided with effective assistance of counsel. To define exactly what is considered “effective assistance counsel” is when the legal advice provided to the defendant is “within the range of competence demanded of attorneys in criminal cases.” If it is determined that a defendant’s right to a speedy trial have been violated, the charges against them may be

This applies in both a bench trial where the judge decides the verdict as well as in a jury trial that is overseen by a judge. A defendant can waive their right to a jury trial, and opt for a bench trail. A reason for this may be that securing a non-biased jury in an emotionally charged case would be difficult or if media exposure might affect finding impartial jurors. The defendant has a right to have their trial be open to the public. The defendant also has the right to face their accusers. This can occur in that the defendant is present at the trial, or by requiring live testimony or by allowing the defendant to cross examine the witnesses. The defendant has the right to be present but must also be mentally competent to stand trial. The defendant is also protected under the double jeopardy clause of the Fifth Amendment. This means that the defendant cannot be retried for the same crime either upon acquittal or conviction. Double-jeopardy protection is applicable in every state because the Supreme Court states that the Fifth Amendment’s protection against double jeopardy is a fundamental