Abstract:
"The Violation of Rights and Liberties of the Accused in Pre-Trial Process" studied violations of the liberties and rights of the accused, and those arrested prior to prosecution, along with time constraints that further affected those rights and liberties. Guidelines are proposed for the protection of the rights and liberties of the accused and arrested during arrest, in the investigative process, and throughout prosecutorial proceedings. This was a qualitative research analysis that included in-depth interviews of 2 key populations: 1) a group of 7 accused and 2) a group of 26 criminal justice personnel, totaling 33 case studies. The study found and herein documents widespread violation of the rights of the accused 3 step during the arrest procedure, during the investigative process, and during prosecution. 1) During the arrest procedure, officers were found to have assaulted the accused, fabricated evidence, and accepted bribes. 2) During the investigative process, it was found that the arrested were given no opportunity to notify or request legal counsel, nor was there opportunity given to notify relatives of the arrest and the place of detention. There was no opportunity for legal representation or a trusted person to observe or question the investigation. The accused were not entitled to visit or contact relatives, nor were they offered appropriate medical attention altogether too frequently resulting from brutal arrestive tactics. In addition, it was found that many investigators were frustrated with their caseloads, and moved on to more advanced positions. Most importantly, it was found that the detention period of 48 hours was insufficient for investigative purposes.3) During the prosecution process, it was found that the investigators often introduced delays that left little or no time for additional and necessary investigation. As a result, the prosecutor frequently rushed to judgement. Or, in cases where there was insufficient evidence, the prosecutor simply coerced the accused to release the State from liability, and released the accused. Our conclusions for protecting the rights and liberties of the accused found that police officers and inquiry officials: must refrain from fabricating evidence incriminating the accused; refrain from destroying evidence; abstain from intimidation tactics; abstain from inflicting physical harm; and must refuse to accept any offered bribes. This analysis recommends that the investigator submit the investigation file to the prosecutor for review for a period of time well in advance of any prosecutorial procedure. Researcher further suggests that the investigative time be separate and distinct from the prosecutors trial period. It is recommended that if the accused is detained for 48 days, the prosecutor should have at least 14 days to review the case, If the accused is detained for 84 days, there should be at least 28 days for the prosecutors review. Finally, the prosecutor should examine the investigation together with the inquiry official to ensure a fair and just trial.