Author Question: Summarize the main rights at trial. What will be an ideal ... (Read 9 times)

joesmith1212 · **on:** Aug 17, 2018

Summarize the main rights at trial.

What will be an ideal response?

Question 2

Compare and contrast habeas corpus and appeals.

What will be an ideal response?

ambernicolefink · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

Constitutional rights enjoyed by the defendant at trial include speedy trial, public trial, impartial
judge, impartial jury, confrontation, compulsory process, double-jeopardy protection, and the right to assert an entrapment defense.

Answer to Question 2

A habeas corpus is a petition filed with the federal courts. This is known as a collateral attack and is a constitutional right. The accused individual petitions one of the federal district courts and asks the court to issue a writ of habeas corpus, which literally means you have the body. Then, if the court decides to issue the writ, the petitioner is brought before the court so the constitutionality of his or her confinement can be reviewed. There is no guarantee that a writ will be issued.

An appeal is concerned with the constitutionality of the proceedings itself and not just confinement as is the writ. Some appeals must be heard by an appellate court.