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US Constitution study guide: Difference between revisions
→Amendment 6 [trial and court protections]
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'''{{#tip-text:[Amendment 6 overview]|Sixth Amendment | '''{{#tip-text:[Amendment 6 overview]|Sixth Amendment | ||
* regards criminal prosecutions | * regards criminal prosecutions | ||
* protects certain rights of the "accused" (someone charged with a crime), including: | * protects certain rights of the "accused" (someone charged with a crime), including: | ||
** jury trial in the jurisdiction in which the crime occurred | ** jury trial by peers & in the jurisdiction in which the crime occurred | ||
** speedy trial | ** speedy trial | ||
** access to witnesses | ** access to witnesses (know the accusers) | ||
** legal assistance ("counsel" for "lawyer") | ** legal assistance ("counsel" for "lawyer") | ||
* the Sixth Amendment importantly affirms due process and protects against arbitrary application of the law* }}''' | * the Sixth Amendment importantly affirms due process and protects against arbitrary application of the law* | ||
Issues, problems & limits | |||
* the Sixth amendment sets "ground rules" for criminal trials | |||
* however, criminal law and due process regarding its application is complicated, complex, and subject to tradition and case & statutory law | |||
* protection of the rights of criminals, even those charged with heinous crimes is an essential protection for all citizens}}''' | |||
In all '''{#tip-text:criminal prosecutions | In all '''{{#tip-text:criminal prosecutions|"criminal prosecutions" | ||
* originally applied to the Federal government | |||
}}''', the accused shall enjoy the right to a '''{#tip-text:speedy and public trial | * "incorporation" (application) of the BoR via the Fourteenth amendment applies these protections to the states | ||
* with the growth of Federal police powers and criminal code, these protections are especially important}}''', the accused shall enjoy the right to a '''{{#tip-text:speedy and public trial|"speedy and public trial" | |||
}}''', by an '''{#tip-text:impartial jury | * "speedy" = protects against unreasonable delays in holding a trial, as well as lengthy & unaccountable incarceration (imprisonment) | ||
** as per the saying, "justice delayed is justice denied" | |||
}}''' of the State and district '''{#tip-text:wherein the crime shall have been committed | * "public"= protects against secret courts and ensures public scrutiny of government actions in a trial | ||
** = protection against arbitrary power and serves to hold the government accountable}}''', by an '''{{#tip-text:impartial jury|"impartial jury" | |||
}}''', which district shall have been '''{#tip-text:previously ascertained by law | * the role of a jury is to decide the facts (not the law) thus, "impartial jury" | ||
* proving guilt: not in the Constitution but upheld by the Court: | |||
** "burden of proof" is upon the government and not the accused, who is "presumed innocent" | |||
}}''', and to be '''{#tip-text:informed of the nature and cause of the accusation | ** "beyond a reasonable doubt" = a criminal charge must be prove by the government | ||
*** note that in civil law (disputes between parties, not criminal charges) the burden of proof is "preponderance of evidence" (likeliness of the evidence) | |||
}}'''; to be '''{#tip-text:confronted with the witnesses against him; to have '''{#tip-text:compulsory process for obtaining witnesses in his favor | Issues, problems & limits: | ||
* juries operate under court instructions, so "impartial" is limited by a judge's actions | |||
}}''', and to have the '''{#tip-text:Assistance of Counsel for his defence}}'''. | * the Supreme Court has exempted "petty crimes" from Sixth Amendment protection for a jury trial | ||
** = crimes with maximum punishments less than six months | |||
* jury trials can be political, subject to abuse or illegal behavior by prosecutors (such as withholding exculpatory evidence, i.e. evidence that shows innocence), witness tampering and witness perjury, etc. | |||
* nevertheless, the Courts, case law, tradition and statutory law are designed to make criminal trials as fair as possible | |||
* a fair criminal trial is an essential protection against arbitrary and tyrannical rule}}''' of the State and district '''{{#tip-text:wherein the crime shall have been committed|"trial by peers" | |||
* = by holding a trial where the crime was committed means | |||
** that the government cannot arbitrarily move a trial to a place of its choosing or for its own benefit | |||
*** such as choosing courts based upon desired outcomes | |||
** so this protection, while seemingly logical or obvious, is very important to avoid governmental abuse}}''', which district shall have been '''{{#tip-text:previously ascertained by law|"previously ascertained by law" | |||
* = the government cannot create a court or district in order to prosecute a case | |||
** i.e., the court must be already in existence}}''', and to be '''{{#tip-text:informed of the nature and cause of the accusation|"Right to Notice of Accusation" | |||
* = a right to know under what law one is being prosecuted | |||
* = a right to defend oneself against actual and not secret or arbitrary charges}}'''; to be '''{{#tip-text:confronted with the witnesses against him|"face ones accusers" | |||
* makes charges public and knowable | |||
* holds accusers and the government accountable | |||
* protects against arbitrary prosecutions'''}}; to have '''{{#tip-text:compulsory process for obtaining witnesses in his favor|"obtaining witnesses" | |||
* again, an important protection against government abuse | |||
* "compulsory process" = even a witness who does not want to testify may be compelled (forced) to testify if a defendant requests it}}''', and to have the '''{{#tip-text:Assistance of Counsel for his defence|right to an attorney | |||
* the right to counsel (attorney) is an important protection against governmental abuse | |||
** since the law is complicated, trials can be one-sided, etc. | |||
** so a defendant has the right to have a legal expert and advocate (someone who speaks for the defendant) | |||
Issues, problems & limits | |||
* since impoverished defendants may not have the ability to hire an attorney, the Courts established the right to an attorney paid for by the government | |||
* this brings up many issues regarding the quality and perspective of that attorney, but it is an important protection}}'''. | |||
=== Amendment 7 [civil suits protection of jury & common law]=== | === Amendment 7 [civil suits protection of jury & common law]=== | ||