What are the rights of the accused in criminal court?

In the State of New York, criminal defendants have many rights and protections before, during, and after a criminal trial. These rights are outlined in the New York State Constitution, as well as in federal law. The accused have the right to due process, which includes the right to a fair and speedy trial by a jury of their peers. The accused also has the right to be presumed innocent until proven guilty beyond a reasonable doubt. This means the burden of proof is on the prosecution to prove the defendant is guilty, and it is not the defendant’s responsibility to prove themselves innocent. The accused also has the right to remain silent and not incriminate themselves; the Fifth Amendment of the US Constitution protects them from being forced to testify against themselves. The accused also has the right to a defense attorney, which is paid for by the state if they cannot afford one. This attorney will represent them in court and provide them with legal counsel. The accused has many other important rights in criminal court, including the right to inspect evidence presented against them, the right to cross-examine witnesses, the right to call and present witnesses in their own defense, and the right to appeal their conviction if necessary. These and other rights are designed to ensure that all criminal defendants receive a fair and impartial trial. It is important for criminal defendants to understand their rights and to contact an attorney if they believe their rights were violated at any point during the criminal process.

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