Rights at Trial

RIGHTS AT TRIAL

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The rights of “presumption of innocence until the accused is proven guilty” and a “fair trial” are the most substantial rights, granted to the defendants in a process and grounded in the Universal Declaration of Human Rights (UDHR), Articles 6, 7 , 8, 10 and 11, adopted at Palais de Chaillot, Paris on December 10, 1948. The Declaration was developed in details later in the International Covenant on Civil and Political Rights (ICCPR), adopted by the United Nations General Assembly on December 16, 1966 and comes in force from March 23, 1976. These principles are spread among the legislation of all states, which have ratified the International Covenant on Civil and Political Rights, and their observation is monitored by the United Nations Human Rights Committee that on its part represents a separate body to the United Nations Human Rights Council. As it is mentioned above, every country, ratifying these documents has adopted the principles established there, but to realize them, along with other principles of substantial significance for the specific state, every country has developed its own legislation. Investigating the United States legislation on the subject, two of the rights, granted to the defendants, attract our attention with their aspects and nuances along with their importance for the fair process.

The Fifth Amendment to the United States Constitution gives the defendants “the right against self-incrimination” (U. S. C., Fifth Amendment), or in other words, the citizens, have the right not to answer the police questions while in custody or in court, more popular as the “right to remain silent”. This right is rooted in the 17th century in old England...