What are the rights of the Accused before and after Arrest ?

Question

What is the procedure to be followed for Arrest ?

How long can a person be kept in custody while under Arrest ?

Are prisoners/convicts entitled to fundamental rights in Jail ?

What action can be taken against police for illegal arrest ?

Answer 1

1. Rights before and after trial.

An accused has the right to remain silent, so if he doesnt want to talk, no one can make him. (5th and 14th Amendments) An accused can't be made to give evidence against himself.

An accused has a right to have an attorney present during questioning. Same as 5th and 14th Amendment issues above.

An accused has a right to have an attorney appointed to represent him if he cant afford one. Sixth Amendment and 14th Amendment. Due Process of Law, etc.

An accused has a right to a fair and speedy trial. 6th and 14th Amendments.

An accused has a right to confront witnesses who will give testimony against him at trial. Sixth Amendment and 14th Amendment. No secret evidence, no hearsay. No invisible witnesses who will testify.

The Government or State has an obligation to disclose any and all evidence that would tend to exonerate or exculpate the excused of the charges. And he has the right to have copies of all statements and lineups given by witnesses to the police and prosecutors. Sixth and 14th Amendments.

An accused has an automatic right to a jury trial. Fifth and 14th Amendments.

An accused cannot be punished at trial with presumptions of guilt for refusing to testify at his trial. Fifth and 14th Amendments.

An accused is entitled to appeal a vedict against him, or any errors committed at trial; and a right to transcripts of his trial to aid himself and the appellate court in a search for error.

The list goes on and on. Just a few rights here and there.

Look up Miranda v. Arizona, Gideon v. Wainright, yada yada.

2. Rights in Jail.

No right to privacy. A right to counsel during the legal process. A right to fair and humane treatment at the hands of the state. A right to medical treatment. Religious freedom. A right against self-incrimination, etc.

3. Illegal Arrest.

Police who violate a citizen's rights under the color of state law are liable to a wrongfully arrested person pursuant to the Civil Rights Laws, 42 USC 1983. However, the law is extremely complex on what constitutes a wrongful arrest by police or others. There is a criminal statute that makes police liable for intentionally and criminally violating someone's rights. Again very complex issue as to what is criminal.

Anything more would require the following materials: Criminal Procedure, Criminal Law and Constitutional Law books.

Answer 2

An arrest can only occur (1) pursuant to a warrant, or (2) if the police have probable cause that a felony was committed, or (3) if the police witness any crime being committed, even a non-felony.

The person can be held "a reasonable time" pending arraignment and/or a bail hearing -- that's usually 48 to 72 hours depending on the state.

Prisoners and convicts are both entitled to fundamental rights under the constitution -- though certain restrictions are presumptively considered valid in prison where they would not be allowed outside.

If the police acted in good faith, nothing can be done. If the police can be shown to have acted maliciously, and without any proper legal authority, they can be sued under federal civil rights laws -- 42 USC 1983 among others.

Answer 3

person must be informed reason for his arrestig. a person can be detained 24 hours in police custody in india excluding the time to send him court. convicts are not entitled to some of the fundamental right.if person is illegaly detained or is detained for more than 24 hours without taking remand from court, a case of wrongful confinement can be filed.

Answer 4

in the event that they have been going to close down a ability station, then that is an act of terrorism so some distance as i'm in touch. they could have blacked out 0.5 of the East Midlands had they succeeded. you do not extremely could desire to be caught in the act of 'bolt-cropping' by using fences and considered necessary equipment, you're able to be arrested for being 'tooled up' to commit crime and conspiring to commit crime. If the police intelligence exhibits that those each physique is approximately to reason great harm to a considered necessary installation, then they do could desire to act and could have taken great grievance had they allowed them to close the station down. i could faster that considered necessary amenities like electrical energy stay on. It impacts families and marketplace and threatens the full of the wellbeing of the rustic if that is hijacked. So, i could faster that the police nip it in the bud beforehand that happens.

Answer 5

while I agree with the first answer, there are certain states where the rights are constantly 'bent', Louisiana being first and foremost among them. It is common there to be in jail for months before being arraigned -- and it takes them so long to do paperwork that if they transfer a prisoner sometimes it is weeks that he or she is in jail but the paperwork is "someplace" making it look like they are not in jail as long as they were.

So even though there are "rules", they aren't always followed.

Answer 6

2days
yes
cango to court or to file a FIR

Answer 7

LEGAL HELP