QUESTION

Why do the Guilty people have rights?

Asked on Feb 25th, 2013 on Criminal Law - Michigan
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8 ANSWERS

Michael J. Breczinski
Because that is their right. It keeps the system honest.
Answered on Mar 01st, 2013 at 7:22 PM

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John J. Carney
Everyone has constitutional rights as a human being and constitutional rights as a citizen of he United States or some other country. If you are accused of a crime you are presumed innocent until proven guilty or until you plead guilty, but even then you have a right to appeal and to be free from cruel and unusual punishment. You have a right to a free attorney if you are indigent. You have a right to free speech but you cannot use speech to harm others.
Answered on Feb 28th, 2013 at 4:20 AM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Because there is a Constitution that protects everyone's rights (or is supposed to). And not everyone that is being charged with something is actually guilty. The justice system is in place to determine whether or not someone is guilty. If you take away rights of one person because everyone claims to know they are guilty...it becomes a slippery slope and a witch hunt could ensue. I could go on and on about this question. In short, in a society where potentially guilty people don't have rights, you soon discover that potentially (or clearly) innocent people won't have rights either in my opinion.
Answered on Feb 26th, 2013 at 7:02 PM

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Because this isn't North Korea, that's why.
Answered on Feb 26th, 2013 at 3:22 PM

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Divorce & Separation Attorney serving Jackson, MS at Springer Law Office PLLC
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Guilty people have rights because we recognize the humanity of even the most vile of society. People have fewer rights once found guilty, but as a civilized society we recognize all humans as human. Of course, there is the fact than some people found guilty are not factually guilty. For those, which happen much more often than society is willing to admit, ensuring they have rights is of utmost importance. We must continue to recognize basic rights of all people, or we will become a totalitarian society. And we don't want that.
Answered on Feb 26th, 2013 at 3:22 PM

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Domestic Violence Attorney serving Chicago, IL at Law Offices of Mitch Furman
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Because there is this great document that was created by the founding fathers of this country. It's called the Constitution.
Answered on Feb 26th, 2013 at 3:22 PM

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Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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How do you know they are guilty? Guilt is only determined after a fair trial by a judge or jury, where both sides can present their arguments, or after a guilty plea. Even then, mistakes are made. For example, think of all of the news reports where DNA testing that is available today but not twenty years ago, proves that someone who has been found guilty could not have done what they were convicted of doing. Because we "know" they are guilty, even before trial, should we decide that they do not have rights because they are guilty?
Answered on Feb 26th, 2013 at 3:21 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Because if they do not then neither so innocent people.
Answered on Feb 26th, 2013 at 2:42 PM

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