Explain the rights that are given to an accused person in Texas after the arrest is made and during the trial

Question

. Explain the view that the defense mainly needs to cast enough doubt on the guilt of the individual to divide the jury for the defendant to go free.
What will be an ideal response?

Answer 1

Answer:
A. Rights for an accused person
1. Due process
a. rights guaranteed to individuals accused of committing criminal acts
b. include equal treatment and protection under the law
c. safeguards against cruel and unusual punishment
d. the right to trial by jury,
e. the right to a court-appointed attorney if the defendant cannot afford to pay an attorney
f. the right to face the persons who have made the accusation
2. Rights during trial
a. individuals accused of a felony have the right to have their case heard by a grand jury
1. nine members needed to issue indictment for the case to go on to trial
2. no-bill is issued if found no crime is committed or if accused is justified in its actions and criminal proceedings stop and case if dropped
b. right to an attorney
1. if individual cannot afford one the court appoints one
2. has ability to plea bargain which negotiates a settlement in a case for a lesser charge or less jail time
c. right to a trial by jury
1. accused can choose a bench trial to have case heard by a judge with no jury
2. prosecutor and defense interview jury through voir dire to ensure that none of the jurors is predisposed to making a decision until after all the evidence is heard
3. defense of the accused
a. defense has the opportunity to present its own version of the incident and to introduce witnesses and evidence that might indicate the defendant's innocence
b. defendants do not have to speak or testify before the jury
c. defendant can address the court in self-defense and the prosecutor then has a right to cross-examine
d. Fifth Amendment prevents the government from compelling a person to testify against him- or herself (this is known as self-incrimination)
e. cannot be "outlawed" or thrown out of the state
f. defense must only cast a reasonable doubt about the accused committing a crime
1. jury must be unanimous for guilty or not guilty verdict
a. if not guilty the accused cannot be tried again for the same crime under double jeopardy
b. if not unanimous then it is a hung jury and prosecutor can request a new trial with a new jury
c. jury decides sentencing
g. accused can be sued in civil court