Specific Rights of the Accused

• The Right to Disclosure


  Our law prohibits trial by ambush.
• The Right to be Presumed Innocent 


  Contemplates both the state's having the burden of proof and the nature of that burden. In order to punish anyone of committing a criminal act, the state must prove actus reus and mens rea. The presumption of innocence is central barrier between the individual and the chief constraint of the state's power
• The Right Not To Be A Witness


  The accused is not required to testify in their own defence nor may they be called by the state to assist its case.
• The Right to Plead Excuses


  Even where the state proves that the accused committed the prohibited act and was at fault in so doing, our law requires that the accused be given the opportunity to plead excuses, if made out by the accused, forbid, or limit the state's authority to punish the accused.