Wednesday, May 6, 2020

The Sixth Amendment - 2928 Words

The Sixth Amendment The 6th Amendment focuses completely on the rights of a person accused of committing a crime by the government. The 6th Amendment contains seven specific protections for people accused of crimes. These seven rights are: the right to a speedy trial, the right to a public trial, the right to be judged by an impartial jury, the right to be notified of the nature and circumstances of the alleged crime, the right to confront witnesses who will testify against the accused, the right to find witnesses who will speak in favor of the accused, and, the right to have a lawyer. The reasoning behind all of these protections goes back to the days of our founding fathers; when under the English law none of these rights were†¦show more content†¦The history in England and Europe was of people being sentenced to lengthy prison terms, tortured or even killed in secret trials. If you were accused in this situation, you often had no chance to defend yourself and the charges were often trump ed up to eliminate political and religious dissent. By requiring a jury to be involved in a trial, serious and sometimes fatal decisions are taken out of the hands of one or a few judges, and are put into the hands of a group of average citizens who look over the evidence. This greatly reduces the possibility of corruption in the trial. For many years, all juries in America had twelve people, which is how juries were conducted during the time the Constitution was written. Eventually, though, the Supreme Court reduced the allowable size of juries in state trials down to a minimum of six. Federal trials must still have twelve jurors. The Court also removed the requirement that juries be unanimous in their decisions in state courts. Instead, 10-2 or 9-3 verdicts are now accepted. Federal court juries, however, must be unanimous. That brings me to the arraignment clause. This clause requires that if you are ever charged with a crime, you must be fully informed of the nature and cause of the accusation against you. Arraignments must include very specific charges, including dates, times, exactly what allegedly happened and must reference the exact writtenShow MoreRelatedEssay on The Sixth Amendment1908 Words   |  8 PagesThe Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provideRead MoreHistory and Development of the Sixth Amendment Essay1044 Words   |  5 PagesMut hu S. Weerasinghe Constitutional Law LS 305 – 01 Unit 7 Essay The Sixth Amendment of the Bill of Rights contains seven clauses that protect the rights of the accused. The amendment assures the accused that â€Å"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 haveRead MoreThe Sixth Amendment: Providing Justice for Everyone Essay731 Words   |  3 PagesThe 6th Amendment: Providing Justice for Everyone Prior to the Revolutionary War, if the British accused a colonist of a crime, he would most likely receive an unfair trial and a prison sentence. When the Founding Fathers wrote the Bill of Rights, they believed that all Americans deserved rights which the British had not given them. The 6th Amendment provides many legal rights to United States citizens that protect them from being wrongly convicted of crimes. The 6th Amendment is the most importantRead MoreImportance Of The Sixth Amendment1735 Words   |  7 Pagescreate the sixth amendment in 1789 in attempt to codify fairness. When thinking about what the word fair means, one should think of a â€Å"marked by impartiality and honest: free from self-interest, prejudice, or favoritism† (Fair). Overall, the sixth amendment was created to â€Å"guarantee the right to criminal defendants, including the right to a public trial without unnecessary delay, the right to know who your accusers are and the nature of the charges and evidence against you† (Sixth Amendment). This meansRead MoreFourth, Fifth, and Sixth Amendments to the Constitution Essay887 Words   |  4 PagesCJL 4064 Amendment Project As requested by the committee chair, I have examined the 4th, 5th, and 6th Amendments of our Constitution. It is imperative for the participants of the Constitutional Convention to update, and furthermore, enhance the Bill of Rights. The amendments were created with a valuable perspective on individual rights in the 1700s. Today, in 2010, our country has developed in the use of language, our principles, and our overall society. After close examination of theRead Morehearings is to further the transparency course as espoused by the sixth amendment of the2300 Words   |  10 Pageshearings is to further the transparency course as espoused by the sixth amendment of the constitution. However, the open criminal proceedings are at the discretion of the judge because there are some trials that touch on national security or where minors are involved. During this deliberation, the judge is informed by the first amendment of freedom of press and speech, but these rights must be weighed according to prevailing circumstances. In such cases, the judge will issue order barring the mediaRead MoreMy Cousin Vinny : Truth, Justice And The Gambini Way968 Words   |  4 Pagesremain silent, anything may be held against the individual in a court of law. â€Æ' During the interrogation, Bill Gambini was not aware of his present charges nor his right to obtain an attorney, in addition, proceeded to be a violation of his sixth amendment right. This is a contrast due to the experience of a detective whom would not violate any constitutional right to insure that the case is unshakable. The Beechum County Sheriff’s Department obtained a coerced confession from Bill Gambini, anotherRead MoreCase Analysis : Crawford V. Washington944 Words   |  4 PagesEvid. 804(b)(3) (2003)† (Id. at 40). The defense objected to the use of this evidence in court because it violated his Sixth Amendment right â€Å"to be confronted with the witnesses against him† (Id. at 40). The trial court allowed the evidence to be admitted by citing an earlier decision, in Ohio v. Roberts, 448 U.S. 56 (1980), that the Supreme Court’s description of Sixth Amendment rights did not bar the prosecution from admitting a statement from an unavailable witness, â€Å"†¦ if the statement bears â€Å"adequateRead MoreDavis V. Washington ( 2006.990 Words   |  4 Pagesof Davis v. Washington (2006), the Supreme Court needed to decide on whether or not a statement that is made to law enforcement personnel during a 911 call or at a crime scene are â€Å"testimonial† and would thus be subject to the requirements of the Sixth Amendment’s Confrontation Clause. The case begins with a call made to a 911 emergency operator that was quickly disconnected before anyone was able to speak a word. The 911 operator, most likely following policy, called the number back. When the callRead MoreWho Is A Criminal Offender?1542 Words   |  7 Pagesthe history of the S ixth Amendment, information on self-representation process, individuals charged with a felony who use pro se, court cases dealing with pro se, and lastly laws in Virginia pertaining to criminal pro se defendants. Sixth Amendment First and foremost the criminal justice system is what it is today due to the first ten amendments to the Constitution that was ratified on December 15, 1971, also known as the Bill of Rights (Worrell and Moore, 2014). These amendments set the pathway for

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