Rights and Concepts
Arrest Warrant - A written order of the court issued after a complaint has been issued. The warrant commands law enforcement to arrest a person or bring the person before the magistrate or judge.
Burden of Proof - The obligation to affirmatively prove facts in disputes between parties. In criminal cases, that burden is on the prosecution, and all of the elements of the offense must be proven beyond a reasonable doubt.
Competence to Stand Trial - Competency refers to the mental condition of the defendant at the time of trial. This differs from insanity, which deals with the defendant's mental condition at the time of the crime. A defendant deemed incompetent to stand trial will not stand trial unless and until he regains competency; however, the charges against him are not dismissed.
Double Jeopardy - Prohibition against a second prosecution for the same offense. The defendant is also protected from receiving multiple punishments for the same crime. Double jeopardy may not apply when there is a mistrial, or when the defendant is able to get a conviction thrown out through an appeal. However, a mistrial must not have been caused by the prosecution, and the conviction must not have been thrown out due to insufficient evidence of guilt. Prosecution by both the state and federal governments is not double jeopardy, nor is prosecution by both federal and tribal governments, or by state and tribal governments.
Duty to Disclose - The prosecution must disclose to the defense any information that may affect the finding of the guilt or innocence of the defendant. Even if the defense does not specifically request that information, the prosecution must provide any information that shows the defendant may not be guilty.
Fair Trial - The right to a fair trial includes the right to a public trial and an unbiased judge.
Plea Bargain - An agreement between the prosecutor and the defendant in which the defendant pleads guilty in exchange for a lesser sentence or the charge of a lesser crime. This is usually done to avoid a lengthy trial. Pleading guilty waives the right to a trial. The defendant must know what he or she is agreeing to and the agreement must be voluntary. The judge must explain to the defendant what pleading guilty will mean. A plea that is not voluntary or informed may be withdrawn. In the event the prosecution does not honor the terms of the plea bargain, the court may order its enforcement or allow the defendant to withdraw the guilty plea.
Preliminary Hearing - When there is an arrest without a warrant and the defendant is detained, a hearing on whether there was probable cause must be conducted within 48 hours of the arrest (unless there are extraordinary circumstances).
Pre-trial Detention - After the defendant has been arrested, the defendant must be brought before a magistrate, who will advise the defendant of his rights, set bail and appoint counsel if necessary. The bail cannot be excessive; however, it can be denied for capital crimes or if there is a rank that the defendant will flee.
Privilege Against Self Incrimination - A person has a right to not implicate himself in a crime through testimony at or before trial. If the person is a defendant, he or she cannot be made to take the stand: further, the prosecutor cannot make any comments to the jury that the defendant did not testify. If the person is a witness, he or she cannot refuse to testify, but can refuse to answer specific questions that could be self-incriminating.
Speedy Trial - The U.S. Constitution and Indian Civil Rights Act guarantee an accused the right to a speedy trial. Factors in determining whether delay was unreasonable include: 1) the length of stay 2) the government's justification for the delay 3) whether and how defendant asserted his right to a speedy trial 4) prejudice caused by the delay (i.e. lengthened pretrial incarceration).
Trial by Jury - The U.S. Constitution and the Indian Civil Rights Act guarantee the right to a jury trial, except in cases of petty offenses, or when jail is not a potential penalty should the defendant be found guilty. The defendant also has the right to have the jury selected from a representative cross section of the community. This means that any significant group, including minority and ethnic groups, cannot be excluded from the jury, but the groups need not be proportioned.
