In a civilized society, it is undoubtedly important to maintain law and order. Oftentimes, this includes punishing those who are guilty. When a person commits a crime, it is not just the individual victim who is harmed, but society at large. But while is necessary in ensuring that laws are adhered to, protecting the rights of the accused is more important. This is because the accused stands in a far more inferior position than the government and protection is needed to guard against abuse of power, process, and wrongful convictions.
The Framers were extremely cognizant of the paramount need to protect the rights of the accused. This awareness is reflected in the text of the Constitution, giving the accused specific and enumerated rights. Benjamin Franklin once stated, “that it is better a hundred guilty persons should escape than one innocent person should suffer” (Volokh, 1997, p. 175). In a fair criminal justice system, the notion that an innocent man could be punished for a crime he did not commit is repugnant. For this reason, the Constitution requires procedural safeguards in place for those accused of a crime.
The Fifth Amendment, while developed and refined over the years, outlines a number of rights that the accused enjoys (U.S. Const. amend. V). One of the most important rights is the right to remain silent, which is closely linked to the privilege against self-incrimination. In other nations, those accused of a crime do not enjoy this same right, and guilt can be inferred from silence. Other important rights of the accused include the right to counsel, the right to a speedy and public trial, the right to cross examine witnesses, and the right to be free from cruel and unusual punishment.
Because the government is typically far more powerful than the accused, it is even more important to protect the accused from government abuse of power. Were a defendant not entitled to these rights, the government would possess nearly unchecked authority. Absent the guarantee of certain rights, the level of influence the government commands would place the accused in an impossible position. The integrity of the entire criminal justice system hinges on the notion that it is fairly administered and as such, innocent persons are freed. While mistakes can and do happen, having significant rights for the accused in place attempts to mitigate the possibility of convicting an innocent person.
References
Volokh, A. (1997). N guilty men. University of Pennsylvania Law Review, 173-212.
U.S. Const. amend. V.
