The Bill of Rights gives everyone who is accused of a crime certain guaranteed rights.  These rights are spelled out in the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution. These amendments are designed to make sure that everyone who is accused of a crime is treated fairly and gets a fair trial.

 

The Fourth Amendment guarantees that law enforcement officers cannot search or arrest you, or search your property, without "probable cause."  This means a reasonable belief that a crime has been committed by a specific person.

 

The Fifth Amendment gives a criminal defendant three separate types of protection.  First, it protects him from self-incrimination.  This means that when you are accused of a crime, you have the right to remain silent.  Any confession must be voluntary.  The government cannot obtain a confession through force, coercion or deception.  Second, it protects you from "double jeopardy" or being tried more than once for the same crime.  Without this protection, the government could try you over and over again for the same crime until it won. Third, it requires the government to follow "due process of law.”  Due process of law means that people have the right to the benefit of certain rules and procedures designed to assure fairness.  For example, they have a right to be informed of the charges against them, to confront the witness against them, to a fair hearing and to an impartial judge. 

 

The Sixth Amendment assures that if you are accused of a crime, you have the right to a jury trial, a lawyer to represent you, the right to call witnesses in your defense, and to question the government's witnesses against you.  It also guarantees you the right to a speedy trial.

 

The Eighth Amendment protects you against “cruel and unusual” punishment.  It forbids the use of physical torture.  It also prohibits excessive bail and fines.

 

The Fourteenth Amendment gives all citizens the right to "due process of law" and to "equal protection under the laws."  The Fourteenth Amendment encompasses all of the rights, privileges and protections spelled out in the 1st, 4th, 6th and 8th Amendments and makes them applicable to state court proceedings.  It also incorporates all of the protections and requirements of the 5th Amendment, except the requirement for a grand jury in criminal proceedings.