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The Defendant in Litigation
Since the constitutional amendment on the Bill of Rights, the defendant has been given several privileges in litigation. Before this amendment, little attention was given to the defendants. This led to major human rights violation and abuse of victims. Chapters 14 and 15 of the Constitution on Bill of Rights have since been amended with a view to make trial fair to all the concerned persons. This amendment has several benefits for the defendants. Among them is the protection from search and seizures, right to a counsel, protection from brutality and unusual punishments as well as self-incrimination.
In a court of law, the defendant is further assured of life, liberty, and happiness. These are some of the provisions in the Bill of Rights where the due process of the law is given prominence. To avoid an unfair ruling, several steps have been made in the Constitution. The main aim of these amendments is to ensure that the victim is not subjected to conditions that may appear doctored and unfair in a conventional trial. In this light, the following rights must be observed in trial (Kapardis, 34).
The defendant is given a right to protect his defensiveness. This means that the accused is protected from a trail, which may cripple his ability to defend himself. According to this law, the defendant should be allowed to present evidence, which can help make his trial free and fair. Failure to give the accused this basic right can lead to instant disqualification of a trial process. In the past, the defense had been subjected to discrimination and ill treatment from the prosecution. This poked holes on the fairness of trial warranting the creation of a constitutional provision that allowed the defense to gather information necessary for their defense (Herman, 89).
The defense has also been protected from an unfair judgment. According to the Bill of Rights, the prosecution must prove beyond reasonable doubt that the defendant is guilty. Therefore, the trial chamber should ensure that the evidence provided is exculpatory and reliable. Moreover, the Constitution has restricted the use of traps in a trial. Given that the person in trail may not be psychologically fit, the use of traps in trial is highly discouraged (Smith, 123). At the same time, the defendant is considered innocent until proven guilty by a court of law. This is after a fair trial where the defense is treated with dignity and given an opportunity to present a solid defense.
The right to remain silent is one of the famous of rights that the defendant enjoys. This means that the defendant can never be used as a witness in a court of law. However, in special cases involving civil suits, the defendant can be forced to give evidence. The defendant has also been given the right to confront the witness. This means that the defendant can pose questions to the trial witnesses. This ensures that the trial is free and fair (Smith, 133).
In order to get a just judgment, the civil rights activists thought it right to have a provision in the Constitution, which allows for public participation. Therefore, the defendant has been given rights to a public trial. This means that the family members, media, and interested parties can appear in the trial chambers. The only time when this cannot be allowed is when dealing with delicate cases such as rape. Other rights that are bestowed on the defense include the right to a jury, speedy trial, and protection against double jeopardy. This means that a person cannot be tried twice for the same crime.
Works cited
Herman, Susan. The Right to a Speedy and Public Trial: A Reference Guide to the United States Constitution Issue 16 of Reference guides to the United States Constitution. Brooklyn: Greenwood Publishing Group, 2006, 2006.
Kapardis, Andreas. Psychology and Law: A Critical Introduction. Cyprus: Cambridge University Press, 2008.
Smith, Christopher E. Courts and Trials: A Reference Handbook. Massachusetts: ABC-CLIO, 2010.