How does the Constitution protect the rights of the accused?

Question

aum · Answer

https://answers.yahoo.com/question/index?qid=20080926073954AAf670x

anonymous · Answer

The 5th Amend. of the Constitution provides the right against self-incrimination. This protects the rights of the accused in that they cannot be forced to testify or give statements, etc. against their will. 

The problem arises with involuntary confessions. 

Read "The Innocent Man" by John Grisham - true story of a man wrongly convicted of murder and sentenced to die. The accused there was mentally ill and was a suspect for so long, he had dreams about the murder. He told police about these dreams and was convicted based upon them. 

The Constitution also guarantees due process. This includes that the government must turn over all exculpatory evidence to the accused (Brady material, see Brady v. Maryland). This did not happen either in the case referenced above. Had the jury heard this evidence, they may have reasonable doubt. 

As to Furman, I'm not sure we should revert to it. I favor consistency, but in capital cases, the ultimate sentence is decided after a hearing and based on many considerations. I do think it is "cruel and unusual punishment", but that's a personal opinion, and reasonable people can disagree on that.

anonymous · Answer

thank you guys!