NCJ Number
87482
Date Published
1982
Length
36 pages
Annotation
Under Islamic law, the rights of the suspect and the accused in the investigative stage of a case bear upon the right of defense, restrictions on preventive detention, searches and eavesdropping, and the right to speak or remain silent.
Abstract
The rights of the suspect and the accused in the investigative stage are based in the principle that every person is innocent until proved guilty and that rights should not be forfeited until such proof is established; however, bringing indictment against a suspect may lead to placing restraints on his/her liberty and other rights. In an effort to achieve a balance between presumption of innocence and protection of the public, officials seek compromise between the two principles. The accused enjoys a number of primary and secondary rights. The primary right is to a lawful defense. The accused must be informed of the charges against him/her and of the evidence substantiating the charges, as well as of the procedures taken to adduce, verify, and clarify such evidence. The defendant must also be given the opportunity to present his/her defense to the investigator, whether it includes matters of fact or law. The investigator is empowered to arrest the accused and to search his/her home and person, to record private conversations, seize belongings, and hold him/her under preventive detention; however, each of these powers is subject to certain limitations. No procedure may be used by the investigator which infringes on the rights of the accused unless based on an explicit law permitting it. The accused has the absolute right to answer or refuse to answer the investigator's questions, and there is no obligation for the accused to speak the truth. If guilt is admitted, the accused has the right to change his/her mind. The initial admission becomes invalid and cannot be used as evidence at trial. Seventeen footnotes are listed.