A fair trial must be held in a timely fashion. A fair trial must be held in public with a jury, unless the defendant does not want a public trial and the judge agrees. The jury must be unbiased and represent a cross section of the population. The defendant must be given the time and resources to hire an attorney and formulate a defense. All evidence against the defendant must have been legally obtained.…
The right to a fair trial. Where does it come from? The 6th Amendment. Which category of defendants were the first to be given this right when accused of a crime by a state? Anyone charged with a capital offense (must be provided an attorney) Which category came next? Anyone charged with a felony (must be provided an attorney) Which criminal defendants still do not have this right? If he or she is not sentenced to actual imprisonment and could not have been sentenced for more than one year.…
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.…
The first clause of Amendment Six is the speedy trial clause. There are several reasons that this clause is positive to the accused in a case on trial. Primarily the right to a speedy trial can prevent undue and oppression, and minimize the anxiety and concern that accompanies public accusation. A speedy trial can limit the possibility that long delay will impair the ability of an accused to defend himself. Furthermore, delaying a trial is can tamper with the evidence and witnesses because over time evidence can lose value and witnesses could forget what happened at the the crime scene or even die before the trial takes place. The right of a speedy trial can also be in opposition to the interests of the accused because it can cause the accused…
This was a rather catchy song. While I’m not typically a country music fan, this song got stuck in my hard for far longer than I care to admit. The chorus of the song sees Chris Knight repeating that he was framed for the murder of his wife’s presumed lover. I might even have believed that he was framed, except for the section where he states that the “man took his wife, he was hell bound. Even if he did shoot him down, I was framed.” He attempted to justify his actions by blaming the shooting victim and saying that he wasn’t the only one to blame for the situation that occurred. This song is a rough parallel to the OJ Simpson trial. OJ Simpson was accused of killing his wife, Nicole and her friend Ron Goldman. Prosecutors unsuccessfully…
On January 13th 1999, a girl named Hae Min Lee was killed and buried in Leakin Park. Her ex-boyfriend, Adnan Syed, was convicted of this murder case and there are still holes and facts that don’t add up to help the situation. This case was so interesting that a podcast was made to research and try to find an answer. The woman, Sarah, made this podcast and worked on years of research but was unable to come to a final saying on whether or not Adnan was truly innocent or guilty. In my opinion, I feel there is not enough evidence to tell if he is innocent or guilty because of Jay’s story, the call records, and the Nisha call.…
As we walked into the jury room, after hearing the case of Commonwealth v. Miller, I had already decided how I would vote and, honestly, I determined I was not going to be swayed. We swiftly chose a foreman by appointing the one, who had been given the jury instructions, to that position. Next, we read the jury instructions out loud, in order to remember and understand the definition of each charge. Debate over the meaning of the instructions ensued for a short amount of time before we dove into determining guilt or innocence. Everyone was given a chance to discuss the case and, personally, I felt comfortable entering the discussion and debating the case. After discussion, we voted and were evenly split among guilty or not guilty. Next, we…
The United State’s Criminal Justice system allows people to be put to a fair trial within a court of law. This means that everyone has the right to be tried for the crimes that he or she is being charged with and has the right to an unbiased trial. Though everyone has this right, many people do not know how the trial process works, or do not know what the courtroom personnel do. The purpose of this paper is to explain how the major personnel of the courtroom work and the rolls and responsibilities of each person.…
The U.S Constitutional amendments place limits on what law enforcement and how a trial should be governed. These strict rights are to be followed because if an officer fails to abide by the proper procedure, the trial court may forcibly put an end to evidence obtained in violation of proper procedure or even release the arrested suspect. This is an amendment that deals with each of the following: criminal due process, arrest, interrogation, search and seizure, Miranda, punishment, the right to jury trials, and the right to counsel.…
High profile cases being spread through the media attracting massive attention. Cases such as the Sean Bell shooting, Amadou Diallo, and these trials were spread all throughout television which sometimes doesn’t fall in the favor of the defendant. There are two types of trials a bench trial also known as a court trail and a jury trial. NYS procedural law 260.10, states that every criminal depending on the crime must be trialed with 12 randomly selected jurors. The bench trial is another term for a judge trial without the jurors. The bench trial is conducted in this fashion; both parties present their evidence or make their opening statement. After the plaintiff finishes presenting his evidence, the defendant presents…
Trial Judges are appointed to ensure justice in courtroom proceedings. Judges are also responsible with safeguarding both rights of the accused, and interests of the public. By doing so, this keeps the prosecutor grounded by making sure guilt is established of the accused as required by criminal law. The workgroup interact with each other daily. While the judge oversees the procedure, the prosecutor, defense attorney, and public defenders help to create a visual that is easy for the judge to see what happened. Prosecuting attorneys are the primary representatives of the people, by virtue of belief that the accused violated a criminal law and that the public knows about it. The defense attorney represents the accused by making sure that the defendant’s civil…
It isn’t arduous to see why some may question the efficiency of trial by jury and whether it should, and is able to, continue to discover innocence or guilt. Regarding the trial of Vicky Pryce, the failure of the jury within the hearing conjured ridicule and disdain from the judge and the media. The case deeply unsettled the trust of many in the system. The eight women and four men were dismissed after illustrating “fundamental deficits of understanding” (Jacobson, Hunter & Kirby, 2015, p. 55). Their profuse questions for the judge were deemed as unintelligent and unnecessary and so a costly re-trial was required. Consequently, this ordeal provoked a stronger desire for the abolition of trial by jury, to be replaced by a single judge as a more…
6th Amendment guarantees you a speedy trail, an impartial jury, that the accused can comfort the witnesses against them, and must be allowed a…
The selection of a jury is the process that occurs right before the actual trial, and after the trial initiation and the arraignment and plea. Only about 10 percent of actual arraignments see an actual trial, because 90 percent of cases that are preparing for trial end up accepting a plea bargain (Schmalleher, 2009).…
Criminals have legal rights during trial procedures. Without these rights there would be so much confusion and controversy in the court system today. There are four of them that I will give a brief summarization of and explain to you the consequences that could possibly happen if these legal rights were no longer upheld in the court system today. They are; the right to confront witnesses, the right to an impartial jury, the right to counsel at trial, and last but not least the right to be competent trial.…