6th Amendment I personally find that out of all the amendments the most important one is the 6th amendment. Reason being that it is crucial in aiding the judicial process from wrongly persecuting innocent people and it allows our democratic process to continue without preventing innocent people for taking the fall while punishing those who harm it. It keeps justice in check, keeping laws in line and rulings to be fair. The 6th amendment helps the defendants have an attorney when they are unable to afford one. As stated on www.healio.com, the Gideon v. Wainwright case is what brought the need for constitutional protections being accessible by citizens. This being one of the main reasons this amendment is important because not everyone …show more content…
Trials shouldn’t be done in secret way from public eyes because how can you call that fair. Libertyfirstfl.org states that the 6th amendment has multiple clauses within it. Speedy Trial Clause, Public Trial Clause, Right to a Jury Trial Clause, Confrontation Clause, Arraignment Clause, Compulsory Process Clause, and Right to Counsel Clause. Right to jury is crucial to having a fair and just trial. It picks random citizens to sit in a trial, they don’t choose people that might know the defendant. For them to know the defendant they would be biased in their decisions. The arraignment clause makes the charges clear and understandable. It used to be that people would be put in jail without the knowledge of what they were put there for. Confrontation clause deals with the witness in a trial. The defendant now has the right to have the witness directly involved be brought to the stand. Friends wouldn’t tell the truth, they would lie on behalf of the defendant that the are close friends with. It makes court cases more difficult in properly prosecuting a possible criminal. Compulsory Process Clause allows the for witnesses to be called to the stand to either defend the defendant, however witnesses that have had felony or treason cases are not allowed to be witnesses. The witnesses bring the truth or in some cases have been known to ruin some cases. In many cases the witness can
Under the Sixth Amendment. The Sixth Amendment guarantees a criminal defendant the right to impartial jury. The jury will consider the evidence against the defendant and decide whether to find him or her guilty of the crime. Twelve jurors must agree in order to find a defendant guilty or not guilty. If the jury fails to reach a unanimous verdict and finds itself at a standstill, the judge may declare a mistrial.
1. Gideon’s sixth amendment under the constitution was violated which stated that requires the state courts to provide attorneys to criminals who cannot afford their own. The Supreme Court ruled that Gideon’s amendment was violated. Though his offense was serious he was still supposed to be allowed to have someone to defend him it was one of his rights. The Court stated that the states were to follow the sixth amendment of someone because under the fourteenth amendment “Due Process Clause” applies the main points of the bill of
Gideon v. Wainwright changed the way of due process. In 1963 Gideon was accused of breaking and entering a pool hall and stealing a small amount of money. Florida didn’t allow gideon a lawyer. He defended himself after being denied a request for free counsel. Later he was just found guilty.
Regardless of what is fair and what is not, the defendant has rights during trial. One of those rights under the 5th Amendment is the right against self incrimination and according to Winegar, the 6th Amendment provides a defendant the ability to testify on one’s behalf (2013). However, lack of testimony from a defendant can cause an interference with the jury or cloud their judgement because they were not previewed to what the defendant has to say. According to Hall, the jury is instructed not to guess or assume guilt because the defendant does not put on a defense.
The most important thing is that it simply provides citizens with the framework for our criminal legal systems. This Amendment is very important because it states American Citizens’ rights and what they are upheld to follow when they have been accused of a crime. This Amendment also prevents a defendant from sitting in prison longer than they are going to have too, which are using up other American tax dollars. I like this Amendment because it is impartial and without delay (unless for necessary reasoning). It does not give too much power to the jury nor the defendant.
Our group also believes that the first amendment is the most important because it gives the people the right to freedom of speech, freedom of religion, and the right to petition. The purpose of the constitution is to give the government structure, maintain order, give people rights and prevent anarchy. Overall, the Constitution is the document to base our government system off of. George Washington once said, “the Constitution is the guide to which
To put it in another way, an individual accused of a crime having the rights to have their guilt or innocence determined by a jury. Self-Incrimination The Fifth Amendment states that no person “shall be compelled in a criminal case to be a witness against himself”. The accused must have a legitimate concern that their testimony will contribute to their crime. Individual accused of crimes or are witnesses in legal proceedings can invoke this right by pleading the fifth or claiming their Fifth Amendment rights, see Miranda v. Arizona.
We’re able to express our political beliefs without being fearful that we might get sent to jail. Without this amendment, we wouldn 't be able to speak up for ourselves against the government whenever we
The Sixth Amendment is part of the United States Bill of Rights and its clauses are related to criminal prosecutions. It states that every defendant has the right of speedy and public trial, impartial jury, to be confronted with the witnesses against him and to choose such in his favor and to have the aid of a layer in his defense. The right to an attorney’s assistance has been focused on two main issues throughout its development – the right to counsel and the right to an effective counsel. When the Constitution was adopted, courts in Britain did not appoint lawyers to defendants charged with felonies, opposite to those who were accused of misdemeanors.
In addition, the accused have human right sustained by the Constitution of America. This analysis will discuss the history of the Bill of Rights and the 6th Amendment, review the meaning and purpose of the 6th Amendment Right to a speedy trial, and discuss considerations used to assess whether a trial has been ‘speedy’. The Bill of Rights of the United States Government was created to back to the 1790’s.
The Importance of the 1st Amendment In 1787 our founding fathers assembled the constitution of the United States of America. Of this which contains the most important document to the American citizen, the Bill of rights. The first Amendment states: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances” These freedoms granted by the Bill of Rights are often known as freedom of expression. These rights are most important to a truly free society. The first amendment provides us with new ideas and dismisses the fear of punishment
Why is the first amendment the most important, people may ask? It is important because it gives people the freedom of religion, the freedom of speech, and the right to peacefully assemble and petition the government. There is a boiling pot in the America so everybody is different , and with different mixes from different places. People may say what they want because of their opinion. If they feel like they need to say their words louder than others they can do that to, well now i’m going to explain to how the first amendment is the most important .
Wainwright illustrated the importance of personal rights guaranteed by the constitution. This case began when Clarence Gideon was denied a court appointed lawyer to represent him in a petty crime case. Gideon, unable to afford his own lawyer, was unable to adequately defend himself and consequently was convicted. However, he was undeterred. Gideon then wrote a letter to the Supreme Court to overturn this conviction with the 6th Amendment as his evidence of the court’s misconduct.
The 7th Amendment is a criminally underrated amendment. If one was to ask the average American which amendment best protects their rights, one would likely hear the First Amendment, Second Amendment, the Fifth Amendment, or even the Twenty-first Amendment if they enjoy partying. However, these answers are all incorrect (not to say that the other amendments are not important as well of course). The Seventh Amendment best protects the right of all Americans by preventing the government from incarcerating a citizen on flimsy charges and ensuring that a citizen will not be imprisoned or punished without good cause. Without the Seventh Amendment, Americans could be subject to tyranny and have no protection from the government.
The Sixth Amendment talks about how everyone has the right to a speedy trial and the right to a public trial. This means that if the person asks for a speedy trial they have to honor it. This prevents them to hold the prisoner for an unreasonably long amount of time without a trial. Another thing is you are entitled to face the witnesses accusing you of your wrongdoing. You can’t have a trial without the witness so you have to have to face the witness at the trial.