Rights of the Accused

Paper Summary:

This paper examines why courts may dismiss cases on a "technicality" and why the American legal system has afforded technicality dismissals to accused defendants. The author looks at reasons for dismissals, such as failure to provide counsel, unreasonable searches and seizures, and failure to Mirandize the accused.

From the Paper:

"It is certainly true that cases are often dismissed during a preliminary hearing or at some other early point of a trial. This may be because evidence has come to light between the time of the arrest and the time of a preliminary hearing. But charges may well also be dismissed because of "technicalities". The next question must thus be what the nature of these technicalities is. They vary widely from case to case, of course, given that every case is different, but they can be generally categorized."

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