The Rights of an Accused: Constitutional Provisions

Abstract

The discovery and the punishment of crime are functions which produce a dramatic preponderance of power of part of the state. Against the resources of the state, the accused stands relatively poor and alone. In fact, many of the rights, liberties and immunities which the law declares and the constraints on the police and prosecution which their protection imposes originated not in any concern for individual rights so much as in response to the relatively weaker position of the defendant vis a vis the crown. It is to prevent abuse by officials and others who wield power in the criminal system, that a number of rights are conferred upon an accused.