Home > Great American Court Cases > The Rights of the Accused following Trial

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.

Sentencing

Conduct at trial can affect a defendant's sentence. For example, under the Federal Sentencing Guidelines, a defendant may receive an increased penalty (usually a longer prison term) if the...