Short Stories · Section 12
The rights of the accused
In English-speaking countries, the rights of an accused person are taken very seriously.
Level: C1 · 44 sentences
Transcript
- In English-speaking countries, the rights of an accused person are taken very seriously.
- Over many centuries, laws evolved in such a way that people could not be arrested or charged without a very good reason.
- Of course, every country needs to enforce its laws.
- This means that police officers are needed, and so are "prosecutors"
- (the lawyers whose job is to make criminal charges against people who break the laws, and to prove that those charges are true).
- However, it is very important that people's freedoms are not taken away wrongly.
- People should not be punished unfairly,
- and people who are accused of crimes must have the opportunity to defend themselves.
- In some parts of the world, people can be arrested and imprisoned for long periods of time,
- without any criminal charges being made against them.
- One of the most important principles of justice in English-speaking countries
- is that a person cannot be held by the police unless that person is charged with a crime.
- This principle is known by the Latin term, "habeas corpus".
- According to the idea of habeas corpus,
- the police are not allowed to detain a person for more than a certain period of time (usually, twenty-four hours),
- unless some charge is made against the person.
- A judge will order the release of a person who is not charged with a crime.
- Another important feature of justice systems in most English-speaking countries
- is that accused individuals have the right to be represented by a lawyer.
- Most accused people want to hire an expert lawyer.
- However, even if a person cannot afford to hire a lawyer,
- the criminal court must provide a lawyer who will represent that person.
- The lawyer for an accused person is required to defend that person as thoroughly as possible.
- One of the most important aspects of justice systems in the United States and the British Commonwealth
- is that an accused person must be fully informed of any charges made against them.
- Also, any evidence that will be used to show the accused person's guilt
- must be shared with the accused person and with that person's lawyer.
- In this way, accused persons can challenge the truth of any evidence that will be used against them.
- Similarly, any person who acts as a witness against an accused person
- can be cross-examined by the accused person's lawyer.
- This means that the statements of a witness can be challenged by the accused person.
- Another important element of most English-speaking justice systems
- is that evidence must be obtained fairly.
- Police officers cannot simply enter a person's home to look for evidence of a crime.
- They must first have a good reason to believe that a crime has been committed,
- and they must obtain permission from a judge to enter the person's property.
- This permission is called a "search warrant".
- Because search warrants are required, people are free from arbitrary invasions of their property by police.
- Finally, another important aspect of most English-speaking justice systems is that
- trials must be held in public, where other citizens can watch the trial.
- An accused person is not tried secretly.
- Moreover, as discussed in another passage,
- the accused person has the right to be tried by a jury of other free citizens.
- All of these rules ensure that order can be maintained without taking away the freedom of innocent people.