The rights of the accused
is a class of rights that apply to a person in the time period between when they are formally accused of a crime and when they are either convicted or acquitted. Rights of the accused are generally based on the maxim of "innocent until proven guilty
" and are embodied in due process
. These rights can mostly be found in the fourth
, and sixth
amendments of the United States Constitution
Promotion of the rights of the accused sometimes comes into conflict with promotion of victim's rights. One example of this is conflict between the right of the accused to personally confront his accusers and the law that protects child witnesses from the intimidation that they may feel in the courtroom.
They are called the rights of the accused because they give rights to the convicted.