Court trying Case must be legally constituted

The law under which a defendant is being tried must have been properly enacted and must be constitutional.

No bills of attainder

No ex post facto laws

Accusatory system of justice

Legal system based on common law

Presumed innocent until proven guilty

Indictment by Grand Jury.  Fifth Amendment.  "No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger."

Right to a speedy and public trial.  This provision and the following five items are found in the Sixth Amendment which reads:  "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Judge and Jury must be unbiased

Right to know the charges

Right to be confronted witnesses against oneself

Right of compulsory process

Right to counsel

Right to bail.  Eighth Amendment.  "Excessive bail shall not be required."

Right to habeas corpus

Right against self incrimination.  Fifth Amendment.  "Nor shall any person . . . be compelled in any criminal case to be a witness against himself."

No unreasonable search and seizure.  Fourth Amendment.  "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized."

Right of due process.  The due process clause is found twice in the Constitution.  It is found in both the Fifth Amendment, where it applies to the National government; and in the Fourteenth Amendment, where it applies to the State governments.  Fifth Amendment.  "Nor shall any person . . . be deprived of life liberty or property, without due process of law.  Fourteenth Amendment.  "No State shall . . . deprive any person of life, liberty, or property, without due process of law."

No double jeopardy.  Fifth Amendment.  "Nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb."

No unusual fines imposed.  Eight Amendment.  "Nor excessive fines imposed."

No cruel or unusual punishment.  Eight Amendment.  "Nor cruel and unusual punishment inflicted."