Criminal Prosecution and Constitutional Rights

• A defendant in an elder abuse case has constitutional rights.law courts image by Peter Helin from Fotolia.com
  
  While the prospect of criminal prosecution can be frightening, remember that you have a number of fundamental constitutional rights that serve as barriers against the state's attempt to prosecute you. The Fourth Amendment to the U.S. Constitution mandates that searches can only be conducted with probable cause. The Fifth Amendment protects you against being forced to testify against yourself. The Sixth Amendment gives you the right for counsel. If you are concerned about incriminating yourself, invoke your rights to silence and to legal counsel. Once you have done this, police may not continue questioning you.
  
  

Confrontation Clause and Public Trial

• The Confrontation Clause of the U.S. Constitution requires that a criminal defendant has the right to confront his accusers. While there are some complex exceptions to the rule, in most cases the victim and other witnesses must testify in court and be subject to cross-examination by the defense. This allows the defendant to reveal inaccuracies and false statements that are made by a witness.
  
  The Massachusetts Supreme Judicial Court decided in Commonwealth v. Cohen in 2010 that the right to a public trial means that during jury empanelment, the court must be open to the public. In this case, the closure of the courtroom resulted in the defendant being granted a new trial.
  
  

Personal Injury

• Personal injury litigation or a suit in tort is brought for damages. This can be very costly to the defendant and it is easier to prove than a criminal charge. The standard for liability is a preponderance of the evidence, which most lawyers agree is about 51 percent of the evidence.
  
  While you can be sued for harm, you can sue the plaintiff when you can show that someone brought an action in bad faith. Defamation is one possible response to a fabricated lawsuit.
  
  

Contract Rights

• Massachusetts recognizes the rights of individuals to contract for goods and services. For anyone involved in the care of others a contract that provides an insurance policy for harm caused in the workplace is a good idea. This policy can be used to pay damages in case of a negligence lawsuit. Certain professional organizations and unions also offer insurance to caretakers.