Summary For chapter twelve, it talked about the Constitutional rights for the accused during trial. I conducted pages 369 through 374, in which I found a lot of good information. On the other hand, I learned a lot of new material that helps protect the accused during trial. Some of the new material I learned in this chapter includes five basic rights for the accused, Jury size, and the definition of Voir Dire. First, let me discuss the five basic rights for the accused during trial. For the first right the chapter discussed the right to trial by jury. To elaborate, the right to trial by jury is only given in serious offenses. To classify a serious offense a person has to be sentenced to more than six months imprisonment. If it is less than
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This is where the defendant enters a plea (guilty, not guilty or no contest) (Schmalleger, 2015). In this case the defendant plead not guilty until his sentence was carried out and he was electrocuted. It is stated in our text book that, adjudication, or trial by jury, is where it states in the U.S Constitution in the 6th amendment where every criminal offender has the right to a trial by a jury (Schmalleger, 2015). In this case the defendant had a jury trial that lasted five weeks and they found him guilty of the murder of Charles Jr. According to our digital text book, sentencing happens once an offender had been convicted of a crime, the authority of a judge to enforce punishment on the offender happens at this time and a sentence may take many forms upon a judge’s decision (Schmalleger, 2015).
There are some very important rights granted to you jfrom the 6th amendment which I think if you are going to trial you should try and use to your advantage. you will get a trial by a jury and also with that jury they will be able to hear all witnesses and see all evidence received for the case. The opportunity to see, hear, and confront the witnesses presenting the case against them as well. They will get an chance to call witnesses and even have the court give subpoenas to make sure the witnesses appear they also can testify themselves it they would like to if not they can refuse to testify. they will have the right to cross-examine a witness who is trying to testify against them as well.
The Sixth Amendment: The Sixth Amendment to the United States Constitution is mainly directed towards ensuring the rights of the accused. Under this amendment, criminal defendants have the right to a speedy trial. When determining whether or not this right has been violated, the Supreme Court analyzes: how long the delay lasted, the reason, the degree of prejudice to the defendant if caused, and most importantly whether or not the defendant consented to the delay, therefore waiving their right to later object. Aside from a speedy trial, defendants also have the right to a public trial, though it is not absolute due to circumstances of excess publicity that may cause harm. In addition to rights concerning the defendant’s trial, the accused also possess the right to a fair and impartial jury.
With a jury that cares about everything but the trial, how is the defendant suppose to be given a fair trial? He isn’t. The last piece of evidence is cartoon 3, where a dog is being judged by his natural enemies, feline (Document E). These ‘jurors’ all hate the dog and no matter what the evidence is, the dog will be guilty. It applies to our system with the notion that a suspect is hated by jurors because the media accuses them of being guilty before the trial begins.
The fifth amendment declares everyone is entitled to a fair trial and cannot be put on trial for the same crime twice. The sixth amendment states that everyone is entitled to a fair and speedy trial. The seventh amendment discloses the right for everyone to have a jury trial. The eighth amendment prohibits excessive bail, and cruel, unusual, or torturous punishments for crimes. The ninth amendment are the enumerated rights.
The United States Criminal Justice system has a unique way of approaching and handling criminal trials. In criminal trials there are important court room members with specific roles and certain court room procedures that must be followed. The court room members include the jury, the judge, the prosecution, and the defense. Some of the procedures of a criminal trial are arraignment, preliminary hearing, the trial itself, opening statements, direct examination, cross examination, closing arguments and the verdict. Each court room member’s goal is to fulfill their responsibility and to help justice be served.
The first 10 amendments to the Constitution make up the Bill of Rights which was written by James Madison. He wrote The Bill Of Rights in response of calls from several states for greater constitutional protection of individual liberties. The people who signed the declaration made a promise to protect the people from the government. The colonist wanted to keep their rights because they had a fear of a tyrannical government. People believed and were taught that The Bill Of Rights came from the desire to protect the liberties won in the American Revolution.
This historic living document is The Bill of Rights. It sets forth ten amendments granted to every American citizen. I want to take a more in depth look at the 6th amendment today, and break each word apart so that we may have a clear understanding of what the 6th amendment does for us. I would like to start just by giving you the general idea by reading some of its text. To quote the Bill of Rights provided by the U.S. constitutions website, “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 have been committed…to be informed of the nature and cause of the accusations…to be confronted with the witnesses against him…compulsory process for obtaining witnesses…to have the assistance of counsel for his defense.”
State officials approved a new trial shortly after. In the hearing, lawyers for the Stinney family presented the jury with testimonies from Stinney’s sisters and former cellmate. Mackenzie and Burgess also explained how the prosecutor in the original trial violated his sixth amendment rights. By calling no witnesses to his defense, the prosecutor denied Stinney the right to a fair public trial (Cornell University Law School). Since most of the testimonies and evidence supporting Stinney’s innocence neared 70 years old, they could not completely accurate.
The accused person has the right to enjoy a speedy trial but that does not mean that the trial will be done within two days but rather means that, "The country or state cannot make the person sit in jail for a very long time, for example 5 years, while they wait for their trial. This would be very unfair to anyone who is not guilty." ; that was mentioned by the website Laws.com. This means that a person can not get punished for committing a crime the rest of his life, that would go against his right of pursuiting happiness. The sixth amendment also allows the accused person to know the cause of accusation and his accuser, and that leads to the second ideal which is opportunity or chance to defend oneself or even ask a lawyer to defend
Which amendments focus on the rights of people accused of crimes? What rights do these amendments guarantee? The Fifth, Sixth, and Eighth Amendment focuses on the rights of people accused of crimes. The Fifth Amendment protects an accused citizen of self incrimination and double jeopardy.
The Constitution states “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 have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” ( US Constitution) As you can see, the Bill of Rights 6th Amendment allows the accused to understand the charges against them: the accused is told what he/ she is being accused of, who is accusing them, and is allowed to enter a plea of guilty or not guilty. Moreover, it allows for the movement of rightful convictions.
This also required that a new trial be conducted with the advantage and constitutional right of legal counsel appointed by the court. Justice Sutherland proceeded to state that no attempt was made to investigate the trial, that the trial was rushed, and the defendants had no time to prepare a case. The majority of the United States Supreme Court concluded that a defendant, who is charged with a serious as well as heinous crime, must not be omitted of his constitutional right to have ample time to discuss and prepare his