The Fifth Amendment of the constitution provides an accused person with the right to due process of law. This right ensures that the life, liberty and property of the accused cannot be taken away without the proper legal procedures. The accused is also protected from being tried twice for the same case (double jeopardy) or to be a witness against himself in a court case (self-incrimination).
A defendant has the right to a fair trial in which he is presumed to be innocent until proven guilty by the court. In a court case the burden of proof lies with the prosecution, which must prove beyond any reasonable doubt that the accused actually committed the crimes of which he is accused. The judge and jury cannot pre-judge the accused as being guilty without proof. Otherwise, the accused cannot be convicted of the apparent crime.
According to the Sixth Amendment of the Constitution, a criminal defendant has the right to legal counsel or to self-representation. The accused can hire any attorney of her choice but if she is not financial capable of doing so, the court will appoint an attorney for her at no expense to the defendant. The accused has the right to remain silent until she has consulted with her attorney. The accused may choose to represent herself in a court case and still be accorded the same attention as a person who has representation by a legal counsel.
An accused person has the right to a speedy trial by a judge and jury that are non-partisan or impartial. To ensure that the trial is speedy, the court case should be heard in the state in which the crime is said to have been committed. A speedy trial protects the accused person from being held in detention for a prolonged period of time without trial. It is the responsibility of the prosecution to gather and present evidence against the defendant without unnecessary delays.
In a criminal court case the defendant has the right to be informed of the charges against him. He also has a right to access the evidence brought against him so that he may prepare his own defense. The defendant also has the right to gather evidence and witnesses and present these in a court as his defense. Additionally, the accused has the right to cross examine the witnesses of the prosecutor or plaintiff to establish whether the witnesses' statements are hearsay or factual statements.