less than 1 minute read

The Rights of the Accused following Trial - Sentencing, Appeals, Habeas Corpus, Prison, Further Readings

Law Library - American Law and Legal InformationGreat American Court Cases

The rights of the accused after trial are many and varied. Criminal defendants who are convicted at trial must go through the process of sentencing, but they have the right to argue for a certain sentence. They then have the right to appeal the guilty verdict and the sentence. Should all available appeals fail, they have the right to attack the conviction again through a civil proceeding against the prison warden called a writ of habeas corpus. Finally, defendants have the right to ask the state's governor or the president of the United States (depending on whether the conviction was in federal or state court) for clemency. The sources of these rights can be found in federal and state constitutions and statutes.

Additional topics