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View of sixth amendment
5 constitutional principles
5 constitutional principles
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The United States Constitution is a set of amendments that are made specifically for the rights of the people. Three freedoms that the government should uphold in order to ensure that the soldiers that died in the civil war did not die in vain are the freedom of peaceful assembly, freedom of petitioning the government, and an impartial jury. Freedom of peaceful assembly is defined as the right to hold public meetings or parade without the government interfering. It's important to uphold this freedom so the people of our country can peacefully stand for the things they believe in. This allows them to express their ideas and opinions with people who have the same views as them and want to bring awareness to it. However, although the government isn't allowed to interfere with the assembly, they are allowed to place restrictions on it that involve the time, place, and manner. These …show more content…
The Sixth Amendment states the rights that every convict receives when on trial, among those rights is an impartial jury. An impartial jury is an important right because it gives the accused a fair fighting chance in their trial. However, in some cases the supposedly impartial jury turns to their bias when making a verdict. For example, the Foster v. Chatman case. Timothy Tyrone Foster, an 18 year-old black male, was convicted for the murder of Queen White, an elderly white woman. The jury on the case was an all white jury, despite the four qualified black jurors, after the prosecution provided reasons that the trial court found sufficient. After hearing the case, the jury ruled Foster guilty and imposed the death penalty. Although it was repeatedly denied by the court, there was enough evidence to prove that there was purposeful discrimination when picking a jury for the case. If there was an unbiased and impartial jury in the case, Foster would have had a better chance at being found
The Foster v. Chatman case is about Timothy Foster, who is a deprived, mentally disabled, black adolescent accused of killing a white female. The major concern is his trial which included only white juries after the exclusion of the potential black jurors from jury service in his trial. The prosecution afterward ruled that Foster should be given a death sentence to prevent other individuals from similar projects. During the time, almost all the people in the projects were of the black race, including Timothy’s family. The jury ruled a death sentence to Foster.
The Sixth Amendment states that the accused shall enjoy the right to a speedy and public trial, by an impartial jury. However, Dexter was in jail for 25 years since 1982, and the appeal was still in process to the Supreme Court. Also, based on the jury selection on exhibit B, document one, there were only white people in the final jury, and African Americans were struck peremptory by prosecution. Dexter did not have an impartial jury because white people may favor his opposed side due to the different race. According to Batson v. Kentucky, the USSC also determined that peremptory challenges used to exclude jurors on the basis of race could be challenged by the defendant. It was not fair for Dexter to not have the same race people as him in the jury. In addition, the Sixth Amendment also says that both federal and state courts must provide a lawyer if the accused cannot afford to hire one. Even though Dexter did have an attorney, his attorney was not organized and prepared. The adequate attorney was not as guaranteed by the Sixth Amendment because he admitted that “he has not been to the crime scene, or viewed the crime scene photographs…has not viewed the prosecution’s witness list.” He had not done anything that could help defend Dexter. He didn't even call witnesses in the court to help Dexter. Strickland v. Washington also supports this because the court upheld the defendant’s conviction that his rights had been violated when his lawyer did not provide enough evidence to avoid the death
Beverly, I am also a proponent of the United States developing a system of professional jurors. I also believe it would cut down on biased opinions and help rebuild people’s faith in our criminal justice system. In addition to the points you made, I believe professional jurors also would alleviate the process of the prosecution and defense counsel being able to stack the jury pool with individuals favorable to them. Although the U.S. is a country that is for the people, many citizens don’t want to set on a panel of jurors to determine the fate of an individual they do not know (Weigman, 2011). The main reasons for this is because, it causes them to be pulled away from their livelihoods, which for many encompasses work and family. Lastly,
The American Civil War had a very profound effect upon the American Constitution and upon American constitutionalism generally. The Civil war had indeed been fought over a question of states’ rights, among other things, and the states’ rights interpretation had actually lost and was, to a degree, a casualty of the wartime period. Further, that casualty was swiftly hammered into its coffin by three amendments which were enacted in 1865, 1868 and 1870 – the Thirteenth, Fourteenth and Fifteenth Amendments. The Fourteenth Amendment ultimately became the heart and soul of the modern American Constitution. Most of the legal battle’s surrounding the United States Bill of Rights have been to make it a truly national document – such that states may not violate its provisions. The Fourteenth Amendment finally made this possible.
In a 7-2 decision, the Supreme Court ruled in favor of Batson. The Court held that the Fourteenth Amendment forbids the prosecutor from challenging potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable to consider the state’s case ag...
The sixth amendment is indeed a right that carries tremendous importance with its name. It constitutes for many protections which Mallicoat (2016) summarizes by saying it “provides for the right to a speedy trial by an impartial jury of one’s peers in the jurisdiction where the crime occurred. Provides the right to be informed of the nature of the charges, to confront witnesses against oneself, and present witnesses in one’s defense. Provides the right to an attorney.” Having an impartial jury of one’s peers is extremely important in efforts to eliminate bias and a subjective, limited range of mindsets. If this cannot be obtained in the jurisdiction where the crime was committed, one may request trial to be held elsewhere, such as in the case
This is the sixth amendment and this tells you about what juries can do in cases of law. “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.” What all of this means is that everyone that gets convicted of a crime gets all of the same benefits weather its a misdemeanor, felony, or capital crime. Everyone get the rights to a speedy trial and an impartial jury.
The Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provide a thorough analysis of these above rights and give some history of the 6th Amendment.
Individuals should not have to give up their personal freedoms for the sake of national security. In this case concerning national security, which seems broad, security can be differentiated into two aspects, internal and external. Internal security pertains more to the people because it represents the government. External security involves state laws and codes that help prevent attacks on the United States, terrorism and potential foreign invasion. Civil rights in the United States are the right of U.S. citizens to have privacy, freedom of speech, peaceful protest, fair trial, personal freedom, and equal protection. Thes...
Throughout American history, our civil liberties as American citizens have evolved immensely. For example, the first ten amendments in the U.S. Constitution are referred to as the “The Bill of Rights,” which contains some of the most cherished civil liberties, such as freedom of speech and religion. These civil liberties however, did not originally apply to state governments or institutions the state established. The Bill of Rights focused solely on what the national government could not do, allowing state governments to do whatever they wanted. For example, Massachusetts, Connecticut, and New Hampshire supported Congregationalist ministers with tax payer dollars for decades. After the Civil War, civil liberties expanded, because three new amendments were added: the Thirteenth, abolishing slavery, the Fourteenth, which redefined civil liberties and rights, and the Fifteenth, which allowed adult, male citizens to vote. The due process clause (contained in the Fourteenth Amendment) became one of the most important civil liberties, because it applied the language of the Fifth Amendment to state governments, proclaiming that they could not “deprive any person of life, liberty, or property, without due process of law....
Citizens of the United States are given the right to a fair trial. Over the course of the development of the American jury system, citizens are allowed to the right to meet one’s accuser, be represented by his/her peers and protection from being tried more than once on any convicted crime. The jury system has evolved from a representation of all white men to both men and women from very diverse backgrounds. This is important if one is going to be tried in his/her community of peers.
The First Amendment of the Constitution is the most important and debatable of them all. The First Amendment states; “Congress shall make no law respecting an establishment of religion, of 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.”
Our sixth amendment states that someone can't be tried without a Jury. But is having a jury a good thing? In a case there are usually two vertices innocent and guilty, So there a fifty, fifty chance someone can win or lose, we are humans we do make mistakes. In the book How to Kill a Mockingbird with the court case with Tom Robinson, there is significant evidence that the Ewells were lying and Tom was innocent but the Jury convicted him anyway. On a Christmas eve Ezekiel Gilbert hired Lenora Ivie Frago as an escort, but he believed it was payment for sexual intercourse. When she refused to Gilbert shot her in the neck and she died several month later. His jury acquitted him because his attorney. It is disgusting that we give people the power to decides another human's fate.
The right to Life, Liberty, and Security, is one of the most important citizen rights that you can have. With the right to life, it means that any individual has the right to live, and shouldn’t be killed by anyone. With the right to Liberty, it means that we have the right to be free, and do almost anything we want. Lastly, the right to security means that you are guaranteed to be protected the best way possible, while you are in that country. Even though it is just one of many rights, they all fall under the right to freedom. Which everyone just wants the right to do what they want, and to stand up for what they believe in. Everyone should have the right to freedom, as well as the right to life, liberty, and security.We felt that this right was the most important because it summed up the rights that we need as citizens. Like the right to not be enslaved, can count as the right to Life and Liberty. So in our opinion, the right to Life, Liberty, and Security, is the one that should be one of the first applied rights to our lives. The next few paragraphs will describe how we feel on these particular rights, as well as examples of how these rights are being violated all over the world.
As citizens of the United States, and as people living under a democracy, the government has certain responsibilities to us. We are guaranteed union, justice, tranquility, defense, welfare, and liberty. These rights are all very important to the well being of our country and the states that exist in it. I feel that there are three that are a little more important than the others.