DUMAUG: RIGHTS OF THE ACCUSED

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ARTICLE 3. BILL OF RIGHTS 1)DUE PROCESS 2)EQUAL PROTECTION 3)FREEDOM FROM UNWARRANTED SEARCHES AND SEIZURES 4)PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE 5)FREEDOM OF EXPRESSION 6)FREEDOM OF RELIGION 7) LIBERTY OF ABODE & TRAVEL 8) THE IMPAIRMAINT CLAUSE 9) EX POST FACTO LAWS 10)NON-IMPRISONMENT FOR DEBT 11)INVOLUNTARY SERVITUDE 12)THE WRIT OF HABEAS CORPUS 13)RIGHTS OF THE ACCUSED

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Transcript of DUMAUG: RIGHTS OF THE ACCUSED

Page 1: DUMAUG: RIGHTS OF THE ACCUSED

ARTICLE 3. BILL OF RIGHTS1) DUE PROCESS2) EQUAL PROTECTION3) FREEDOM FROM

UNWARRANTED SEARCHES AND SEIZURES

4) PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE

5) FREEDOM OF EXPRESSION

6) FREEDOM OF RELIGION

7) LIBERTY OF ABODE & TRAVEL

8) THE IMPAIRMAINT CLAUSE

9) EX POST FACTO LAWS10)NON-IMPRISONMENT

FOR DEBT11)INVOLUNTARY

SERVITUDE12)THE WRIT OF HABEAS

CORPUS13)RIGHTS OF THE

ACCUSED

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RIGHTS OF THE ACCUSED

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CRIMINAL DUE PROCESSSection 14 (1). No person shall be held

to answer for a criminal offense without due process of law.

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“No person shall be compelled to be a witness against himself”

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CUSTODIAL INVESTIGATION

“questioning initiated by law enforcement officers after a person

has been taken into custody or otherwise deprived of his freedom of

action in any significant way”

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MIRANDA DOCTRINE

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“it is likewise timely to impress anew on police officials that the imperative requirements of truth and humanity condemn the utilization of force and violence to extract confessions from

unwilling victims. Crimes must be punished and the guilty must not be allowed to escape. A desirable end cannot, however, be attained by

unconstitutional means. There should be less than full blown respect for the

law if in the process of enforcing it lawless methods are employed”

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Police Brutality, torture, salvaging,

hamletting, zona etc

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RIGHT TO

BAIL“Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman,

conditioned upon his appearance before any court as may be required”

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“In all criminal

prosecutions, the

accused shall be

PRESUMED INNOCENT until the

contrary is proved”

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RIGHT TO BE HEARDthe accused

“shall enjoy the RIGHT

TO BE HEARD by

himself and counsel

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RIGHT TO BE HEARD BY COUNSEL“without counsel, he may be

convicted not because he is guilty but because he does not know how

to establish his innocence”

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NATURE AND CAUSE OF ACCUSATION

“The defendant is entitled to know the nature and cause of the

accusation against him so he can ADEQUATELY PREPARE for his

defense.”

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SPEEDY, IMPARTIAL AND PUBLIC TRIAL

“the speedy determination of an action implies a speedy trial, speed is not the chief objective of a trial.”

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THE RIGHT OF CONFRONTATI

ON“

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COMPULSORY PROCESSSUBPOENA

SUBPOENA DUCES TECUM

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PROHIBITED PUNISHMENTS

“cruel, degrading or inhuman punishment.”

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DOUBLE JEOPARDY

REQUISITES:

1. Valid complaint or information

2. Filed before a competent court

3. Defendant had pleaded

4. Which he had been previously acquitted or which was dismissed or otherwise terminated without his express consent.