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US Constitution study guide: Difference between revisions

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'''{{#tip-text:[Amendment 6 overview]|Sixth Amendment
'''{{#tip-text:[Amendment 6 overview]|Sixth Amendment
* regards criminal prosecutions
* regards criminal prosecutions
** = protection against abuse and arbitrary rule by the government
* 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]===