Post on 18-Jan-2015
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ARTICLE 3. BILL OF RIGHTS1) DUE PROCESS2) EQUAL PROTECTION3) FREEDOM FROM
UNWARRANTED SEARCHES AND SEIZURES
4) PRIVACY OF COMMUNICATIONS AND CORRESPONDENCE
5) FREEDOM OF EXPRESSION
6) FREEDOM OF RELIGION
7) LIBERTY OF ABODE & TRAVEL
8) THE IMPAIRMAINT CLAUSE
9) EX POST FACTO LAWS10)NON-IMPRISONMENT
FOR DEBT11)INVOLUNTARY
SERVITUDE12)THE WRIT OF HABEAS
CORPUS13)RIGHTS OF THE
ACCUSED
RIGHTS OF THE ACCUSED
CRIMINAL DUE PROCESSSection 14 (1). No person shall be held
to answer for a criminal offense without due process of law.
“No person shall be compelled to be a witness against himself”
CUSTODIAL INVESTIGATION
“questioning initiated by law enforcement officers after a person
has been taken into custody or otherwise deprived of his freedom of
action in any significant way”
MIRANDA DOCTRINE
“it is likewise timely to impress anew on police officials that the imperative requirements of truth and humanity condemn the utilization of force and violence to extract confessions from
unwilling victims. Crimes must be punished and the guilty must not be allowed to escape. A desirable end cannot, however, be attained by
unconstitutional means. There should be less than full blown respect for the
law if in the process of enforcing it lawless methods are employed”
Police Brutality, torture, salvaging,
hamletting, zona etc
RIGHT TO
BAIL“Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman,
conditioned upon his appearance before any court as may be required”
“In all criminal
prosecutions, the
accused shall be
PRESUMED INNOCENT until the
contrary is proved”
RIGHT TO BE HEARDthe accused
“shall enjoy the RIGHT
TO BE HEARD by
himself and counsel
RIGHT TO BE HEARD BY COUNSEL“without counsel, he may be
convicted not because he is guilty but because he does not know how
to establish his innocence”
NATURE AND CAUSE OF ACCUSATION
“The defendant is entitled to know the nature and cause of the
accusation against him so he can ADEQUATELY PREPARE for his
defense.”
SPEEDY, IMPARTIAL AND PUBLIC TRIAL
“the speedy determination of an action implies a speedy trial, speed is not the chief objective of a trial.”
THE RIGHT OF CONFRONTATI
ON“
COMPULSORY PROCESSSUBPOENA
SUBPOENA DUCES TECUM
PROHIBITED PUNISHMENTS
“cruel, degrading or inhuman punishment.”
DOUBLE JEOPARDY
REQUISITES:
1. Valid complaint or information
2. Filed before a competent court
3. Defendant had pleaded
4. Which he had been previously acquitted or which was dismissed or otherwise terminated without his express consent.