Dignity of Criminal Suspects

You’re considered a suspect the minute the police start questioning you about a criminal offence. You’ll likely be asked where you were when a crime was happening or your involvement in committing an alleged crime. You must watch your choice of words carefully because whatever you say can be used against you in a court of law and lead to a criminal charge.

The Canadian Constitution provides certain protections to suspects. You need to protect yourself as a suspect or if you’re facing criminal charges and that’s why it’s advisable to consult a criminal lawyer in Toronto. But what are the rights of criminal suspects?

Rights of Criminal suspects

It’s not the time to go it alone if you’ve been brought in for questioning by police–this is the time to exercise the rights of a criminal suspect. Always remember that the police have the right training and skills to make you talk during an arrest or investigation. The truth is that you don’t have to talk but this rarely happens thanks to ignorance. A criminal attorney can spot the tactics used by police to force suspects to talk and help you avoid them. The following are the rights of criminal suspects.

1. Presumption of Innocence

Criminal proceedings start from a presumption of innocence and put the onus to prove the guilt of the accused person on the prosecution. The law does not require a suspect to prove their innocence but once the prosecution proves that they are guilty, the defendant has a right to defend themselves by demonstrating to the court that they are innocent. The presumption of innocence is recognized by Article 11 (1) of the Universal Declaration of Human Rights, most constitutions, and different international treaties.

2. Freedom from Self-Incrimination

Criminal suspects shouldn’t be forced to incriminate themselves in a fair judicial system. By extension, this principle means that a suspect or accused person shouldn’t be tortured in an attempt to obtain certain information. For instance, the police should not torture a thief to admit that they were caught stealing. Undue pressure used to obtain a statement or information from a suspect who wishes to remain silent is considered illegal.

The administration of psychoactive substances to manipulate a suspect and force them to testify against their will or wish is also considered illegal and a criminal offence. The police MUST always read the Miranda Warning to criminal suspects. The Miranda Rights state that “You (the suspect) have the right to remain silent and anything you say can be used against you in a court of law. You have the right to an attorney and you may demand the presence of a lawyer during questioning. If (the suspect) cannot afford the services of a lawyer, the court will appoint you if needed”.

3. Right to a Hearing and Effective Remedy

Suspects have a right to remain silent as aforementioned, but that doesn’t mean that they do not want to share their side of the story. A fair judicial system should allow a suspect to be an active participant in the proceedings which is known as the right to a hearing and effective remedy. The criminal code states that a criminal proceeding cannot end before the criminal offender or suspect has been allowed to share their side of the story.

The accused person can further ask the court to take into account new and potentially exonerating evidence and a refusal to consider new evidence should be justified with good enough reasons. The right to be heard further includes the capacity to raise objections where a suspect feels their rights have been violated.

4. Fast Trial

The law states that “justice delayed is justice denied”. A criminal proceeding can take a tremendous emotional toll on a suspect and that’s why a criminal case should be concluded without any delays. A suspect may find themselves out of employment, dented reputation or a ruined business, and more. Most suspects also end up suffering from depression or mental illnesses thanks to the effects of a criminal trial.

5. Access to Legal Representation

Every suspect or defendant has a right to counsel of their choice at any stage of a criminal trial. The law states that any statement deliberately obtained without the presence of a lawyer is considered inadmissible. An accused person who cannot afford to hire the services of a lawyer should qualify for legal aid to ensure they get fair representation.

Some categories of people are naturally disadvantaged when it comes to defending themselves adequately. For instance, a blind person cannot read charges against them and a deaf person cannot communicate with authorities. The aforementioned groups of people will undoubtedly require extra help during a criminal proceeding.

The dignity of a suspect is not negotiable regardless of the circumstances and failure to grant a suspect or an accused person their rights is considered a criminal offence.