Against Self-Incrimination

• The Fifth Amendment of the U.S. Constitution provides defendants in a criminal trial the right against self-incrimination. This right permits them to refuse to testify at their trial. However, if the defendant does get on the stand to testify, they do not usually have the right to pick and choose questions. If the defendant asserts the right to not testify, the jury may not use this decision as an incriminating factor. Witnesses also have the right to not answer certain questions at testimony if they believe answering the questions incriminate them.
  
  

Counsel

• The Sixth Amendment provides defendants in a criminal trial the right to representation by a lawyer. If the defendant cannot afford to pay for a lawyer, the state must provide one free of charge. The responsibilities of the lawyer include telling the defendant her rights, explaining the process of the trial, attempting to bargain a plea with the state, investigating evidence and presenting a legal defense in support of the defendant.
  
  

Speedy Trial

• The Sixth Amendment provides for criminal defendants' right to a speedy trial. "Speedy" does not have a national time limit, although some jurisdictions have set a time limit. Once the time limit has expired, if the trial is incomplete, the defendant goes free. Although there is no set limit, generally the more severe the crime the less likely a court will allow a defendant to go free. Delays requested by the defendant will not set him free.
  
  

Impartial Jury

• The right to an impartial jury set out in the Sixth Amendment is interpreted to apply to all non-petty offenses. There is no strict definition of petty offenses, but there must be a jury for all crimes punishable by six months in prison or more. An "impartial jury" is understood as a jury composed of a cross-section of the populace. This is especially applicable in regards to gender and race.
  
  

Against Double Jeopardy

• The Fifth Amendment of the U.S. Constitution guarantees that criminal defendants cannot be charged more than once for the same crime. The crime is the physical event; this does not guarantee that defendants cannot be charged with robbery, for instance, twice if they are two separate robberies.