Text № 6 The Individual as a Criminal Defendant
A defendant in a criminal proceeding is in an extremely hazardous position. An unfavourable verdict can put him in prison for months, years, or even life. Ignorance of the law is no defense in a criminal prosecution. The individual is presumed to have knowledge of the law. Therefore, individuals must become as knowledgeable of the law as possible. Consequently, a person will know what to expect if criminal charges are preferred against him.
The Bill of Rights in the United States. Constitution expressly protects individuals from police-state tactics. Before the police can interrogate an individual, they must orally advise him of the following rights:
* He has a right to remain silent.
* Anything he says may be used against him in a court of
law.
* He has a right to an attorney. If \he cannot afford one, the
state will appoint one, free of charge, to represent him
before any questions are asked.
The individual, however, can waive, or relinquish, these rights. If he decides to answer questions anyway, the individual’s statements can be held against him in court.
Another constitutional provision often involved in criminal cases is the Fourth Amendment right against “unreasonable search and seizures”. Except when they make a search as a part of an arrest, the authorities generally need a search warrant before they can search an individual’s premises. However, there are certain exceptional circumstances which preclude the need for a search warrant. One is the consent search.
An individual can consent to a search and thereby waive his Fourth Amendment rights. It must be remembered that evidence obtained in a search may be used against the individual if the case comes to trial. For example, many individuals attempt to bluff their way in hopes that the authorities will not find what they are looking for. If the article is found, there is little the individual can do since he consented to the search. In situations of these sort, the individual should withhold his consent and consult an attorney.
Assuming that the individual is brought to trial, what happens next?
One course would be to plead guilty to the charges. In general an individual may wish to plead guilty if there is a solid case against him, if he has little or no defense, and if he hopes that a guilty plea will bring a lenient sentence.
It is imperative that the defendant understand the meaning and the effect of a guilty plea. By pleading guilty, the defendant judicially admits the crime and authorizes the judge to enter a conviction against him. In addition, the defendant waives three important rights:
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* His Sixth Amendment right to be tried by a jury;
* His Sixth Amendment right to confront the witnesses who
would testify against him;
* His Fifth Amendment right against self-incrimination.
These are important rights, and only the defendant, in consultation with his attorney, can decide if he wishes to waive these rights by entering a guilty plea.
The defendant’s other course of action is to plead not guilty. By pleading not guilty, the defendant requires the prosecution to convince the jury beyond a reasonable doubt that he is guilty of the offense. After the defendant has entered a plea of not guilty, the prosecution presents its case. The defense lawyer can present witnesses who support the defendant’s claim of innocence. In addition the
defendant may take the stand and give his own account.
Whether or not the defendant testifies depends on the facts in that particular case.
However, it is important to remember that the Fifth Amendment guarantees the individual the right to remain silent. He cannot be made to incriminate himself. Thus the defendant can refuse to take the stand In fact, he can refuse to offer any evidence at all. Instead he. may argue that the prosecution has failed to produce any conclusive evidence of his guilt. This may be a successful tactic. If the state fails to prove its case, the defendant is acquitted.
In conclusion, the individual participates in court proceedings in a number of important ways. His relative success will depend on how he reacts to a specific situation. However, knowledge of the law and legal procedures coupled with adequate preparation are the best aids to a successful handling of court cases and duties.
Tasks for the text:
1. Read the title of the text and say what the text is about.
2. Divide the text into some parts and name each part.
3. Make up the plan of the text.
4. Find the sentences in each part which contain the main idea.
5. Say what new facts and information you have found out from the text.
6. Give a brief summary of the text.
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