Ask the Declaration → Your rights, by who you are

A Criminal Defendant in America

More of the Bill of Rights is devoted to criminal procedure than to any other subject. Four amendments together set the rules for how the state may accuse, try, and punish a person.

Descriptive, not legal advice · the founding documents' own words

The evidence against you must be gathered without unreasonable searches or seizures, and generally on a warrant supported by probable cause.

A grand jury for serious federal charges, no double jeopardy, no compelled self-incrimination, and no loss of liberty without due process.

A speedy and public trial, an impartial local jury, notice of the charges, confrontation of witnesses, compulsory process, and the assistance of counsel.

No excessive bail or fines, and no cruel and unusual punishment.

No ex post facto law and no bill of attainder: you cannot be punished under a law passed after the act, or convicted by legislative decree.

The honest caveatCriminal procedure is elaborated by statute, court rule, and a large body of case law. This page describes the constitutional provisions only and is not legal advice.
Ask your own question →