Your Rights in the Criminal Justice System

The criminal justice system is intimidating, but that doesn't mean that criminal defendants don't have rights. Through each stage of the criminal justice system, there are important rights that the government must uphold. This section provides information on the rights of those in the criminal justice system, including Miranda rights such as the right to remain silence, "search and seizure" rights, key rights of criminal defendants, and the various prisoner rights guaranteed by the US Constitution. To begin, select a link from the list below.

Your Rights with Police:

Miranda Rights - a criminal suspect's rights during police interrogations, including the right to remain silent and the right to have an attorney present.
Search and Seizure - the 4th Amendment offers protection from unreasonable searches and unlawful arrests.
Strip Search after an Arrest - courts are split over whether jails and prisons can strip search inmates without an individualized suspicion.

Rights of the Accused:

Fifth Amendment Right Against Self-Incrimination - the government can't force individuals to make statements that would implicate them in a crime.
Right to Counsel - criminal defendants have the right to legal representation by a qualified and competent attorney.
Right to Speedy Jury Trial - the government must bring a defendant to trial in a reasonable amount of time.
"Double Jeopardy" Protections - with a few important exceptions, the government can't prosecute individuals for the same crime twice.
The 6th Amendment?s Confrontation Clause - defendants in a criminal case have the right to confront the witnesses against them.

Your Rights if Convicted:

Right to Counsel - 1st Appeal - defendants have a right to an attorney for an appeal as well as at trial.
No Cruel & Unusual Punishment - the sentences meted out by the criminal justice system cannot be unduly harsh.
Prisoner Rights (Civil Rights Center)- a defendant's rights in the criminal justice system don't end after sentencing.