Final answer:
An investigator must inform the defendant of their right to be informed of charges, right to counsel, and right to remain silent. These rights are ensured by legal precedents such as Gideon v. Wainwright and Miranda v. Arizona, providing essential protection for individuals within the legal system.
Step-by-step explanation:
When discussing the rights an investigator should clarify for a defendant, there are several foundational protections that should be explained:
- The right to be informed of the accusations: A defendant must be made aware of the specific charges against them.
- The right to counsel: Defendants have the right to legal representation, whether it's privately hired or provided by the state in the form of a public defender for those unable to afford a lawyer.
- The right to remain silent: This includes the understanding that anything said can be used against the defendant in court.
- These rights ensure that defendants are fairly treated in the judicial system and have the necessary information and assistance to defend themselves. The landmark case of Gideon v. Wainwright extended the right to a public defender to all criminal defendants facing the possibility of incarceration, highlighting the importance of legal representation. Additionally, the Miranda v. Arizona case established the requirement for police to inform individuals in custody about their rights, including the right to remain silent and the warning that anything they say may be used against them in court, commonly known as Miranda rights.