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6 th amendment
Essay based on why the 6th amendment is important
Why is the 6th amendment important essay
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Would you rather go into a trial with an attorney or without? With the Sixth amendment you are guaranteed an attorney no matter what the circumstances are. The Sixth Amendment strongly influences the Right to Counsel which ensures a fair trial, it is crime specific, this also protects every individual charged with a crime, the amendment has faced many challenges and different interpretations over the years, furthermore, this is presented in Harper Lee's novel, To Kill a Mockingbird, in Tom Robinson's case. The sixth amendment is the right to counsel, which means if you we convicted of doing something to have the right to an attorney. The sixth amendment is crime specific and helps protect those under it. This also helps ensure a fair trial which helps protect those who are innocent under the amendment. The right to counsel has become more effective over the years to help more people like Tom Robinson. With the sixth amendment being crime specific …show more content…
The novel was set in the 1930’s, when blacks didn’t have equal rights. Tom is a good example of the Sixth amendment because he shows that he didn’t have a fair trial according the amendment. Tom was convicted of raping Mayella Ewell and had to go to trial to testify. Tom had been in trouble with the law before, he received 30 days in jail for his disorderly conduct. Tom’s predicament: he would not have dared strike a white woman under any circumstances and expect to live long (Lee pg.260-261). Tom would not have been able to beat Mayella because what some did not know was that Tom got his left arm caught in a cotton gin and was not able to use it. I believe that Tom did not have a fair trial because his jury was made up of all white farmers and Reverend Sykes told Jem, “I ain’t ever seen any jury decide in favor of a colored man over a white man” (Lee pg. 279) indicating that Tom had no chance of
The issue was whether the state of Florida violated Gideon's Sixth Amendment right to counsel, made applicable to the states by the Fourteenth Amendment, because they did not provide him with the assistance of counsel for his criminal defense. The Court ruled unanimously in Gideon's favor and held that the Fourteenth Amendment included state as well as federal defendants. The Court said that all states must provide an attorney in all felony and capital cases for people who cannot afford one. Through the Fourteenth Amendment due process clause, the Sixth Amendment guarantee of the right to counsel applies to the states.
6th amendment: we should keep the 6th amendment to allow the people have the right of having assistance. The right to counsel protects all of us from being subjected to criminal prosecution in an unfair trial. This right is more important when the accused faces the death penalty. For example the case of Bradley Manning who was serving for U.S military was arrested for leaking information and aiding the enemy in Iraq and Afghanistan.” Recently, Manning’s defense attorney, David Coombs, filed a motion stating that Manning’s charges should be dismissed because his right to a speedy trial has been completely violated”. So the point is that he at least could defend himself by the information that he had. The importance of this amendment is that
Escobedo v. Illinois (1964) was a landmark case ruled by the Supreme Court that helped ensure American citizens are receiving the rights granted in the Bill of Rights. The importance of this Court case is not its use as a long standing precedent, since it was only used as a precedent for a few years before being eclipsed. The true standing of the case comes from its ability to create a foundation from which other cases such as Miranda v. Arizona (1966) were able to be ruled on. The case helped form a true definition for exactly what the Bill of Rights is granting people who have been arrested since prior to the case many states were disregarding the constitutional protections that citizens were supposed to have. The Sixth Amendment merely states that there is a right to counsel, but the amendment was never clear when exactly the right kicks in.
1.How does the novel inform us about the impact of the Brown v. Board decision?
In this paper I’m going to discuss what is the 6th amendment right, the elements of ineffective counsel, how judges deem a person as ineffective counsel from an effective counsel, cases where defendants believed their counsel was ineffective and judges ruled them effective. I will also start by defining what is the 6th amendment right and stating the elements of an ineffective counsel. The 6th amendment is the accused shall enjoy the right to a speedy and public trial, by an impartial jury if 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 if the accusation; to be confronted with the witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense (U.S. Constitution). There were two elements to ineffective assistance of counsel: a defendant must prove that his or her trial attorney/ lawyer performance fell below an objective standard of reasonableness and a reasonable probability that, but for counsel’s unprofessional errors the results of the proceeding would have been different (Strickland v. Washington, 466 U.S. 668 1984).
Black and white, right and wrong; do decisions that simple and clear even exist? Does a decision ever mean gaining everything without giving anything up? Many characters in To Kill A Mockingbird are forced to make difficult, heart wrenching decisions that have no clear right answer. Harper Lee presents many of these important decisions in To Kill A Mockingbird as ethical dilemmas, or situations that require a choice between two difficult alternatives. Both of these alternatives have unpleasant aspects and question morals and ethics. A person is put in an awkward position, with their mind saying contradicting things. These dilemmas are presented in many different ways. The decisions in the beginning of the book are simple and can be solved quite easily, yet they are symbolic of later decisions. Other dilemmas place adult-like decisions in the lap of a child. One dilemma concerned a man burdened with the strict traditions of the South. Then there are the two biggest dilemmas, Atticus' decision to take the case and Heck Tate's choice between truth and the emotional well being of a man. Lee's ingenious storyline is established by these crucial and mentally arduous choices faced by the characters.
The right to have trial by jury is an easy and simple right letting someone to be able to choose to have their fate be decide by a group of people with having different opinions from different minds letting them have a better chance of finding out the truth, because people have different perspectives in what they see. Which is also a very important right to the freedom we have and to our country. In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Which defines as if someone gets charged over twenty dollars, then they’re able to ask for a jury to hear their side of the case before they lose their money and once the jury makes their decision they can not change it. This Amendment is important to our freedom because into the decision of the Farmers while they were writing on the Bill of Rights they thought it would only be fair to have an equal court system.
The framers formed this country with one sole document, the Constitution, which they wrote with great wisdom and foresight. This bountiful wisdom arose from the unjust treatment of King George to which the colonists were subject. Among these violations of the colonists' rights were inequitable trials that made a mockery of justice. As a result, a fair trial of the accused was a right given to the citizens along with other equities that the framers instilled in every other facet of this country's government. These assurances of the citizens' rights stated in the bill of rights. In the Sixth Amendment, it is stated that, "In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence." A first reading of this phrase one might be think that this right, that which gives a person accused of a crime to have lawyers for his defense, is common knowledge being that it is among the most basic rights given to the citizenry of the public. However, the simple manner in which this amendment is phrased creates a "gray area", and subject to interpretation under different circumstances. The legitimacy of the right to mount a legal defense is further obscured by the Fourteenth Amendment which states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States." As a result, many questions begin to arise which seek to determine the true right of the accused to the assistance of counsel. Should legal counsel be provided by the government if the accused lacks the funds to assemble a counsel for his defense? Or, on the other hand, does this amendment set the responsibility of assembling a defensive counsel on the accused even if he or she lacks the funds to do so? Also, do the states have the right to make their own legislation regarding the right of the indigent accused to have counsel appointed to them in the state trials, or does the Fourteenth Amendment prevent this? The Supreme Court was faced with answering these questions in the case of Gideon v. Wainwright.
Firstly, the courts could save money by not having to provide public attorneys to those who cannot afford to obtain a private attorney. Secondly, police would not be held accountable if they arrest a subject without stating why and/or question them before Mirandizing them. In my opinion, the Sixth amendment is one that holds a great value of importance to accused individuals. Should it not exist, the number of individuals wrongly or unusually incarcerated in the United States would be significantly higher and the Nation would be taking steps away from having a just criminal justice
There is neither Jew nor Greek, there is neither slave nor free, there is no male and female, for you are all one in Christ Jesus. Galations 3:28
Imagine getting a ticket and deciding not to pay the fine by the deadline. The court will issue a notice for you to pay for it or you will be charged for misdemeanor. You have the option to go to court and if you can’t afford a private lawyer, then the court will assign you a public defender, or a lawyer appointed by the court of no cost to you.Your right to have a lawyer and a fair trial is protected by the Sixth Amendment. These clauses are enforced by Gideon v. Wainwright, where the Supreme Court ruled that a criminal defendant has the right to have legal counsel if they could not afford one (“Facts and Case Summary – Gideon v. Wainwright”).
The Six Amendment is very often under-evaluated and little attention is paid to its importance. It extended the rights of defendants and even though not all of the rights granted by it are absolute, the freedom of choice and right for fair and speedy trial protect the fairness of the procedures. Liberty cannot long exist under the government that is not effectively forbidden to take unfair advantages of an accused. It is always harder to control the government that government controls. The Sixth Amendment was designed to seize the heavy hands of federal power and put the rights of the accused beyond the reach of government.
The First Amendment is crucial in protecting the five fundamental freedoms: freedom of speech, freedom of the press, freedom of religion, freedom of petition, and freedom of assembly. The Fourth Amendment is significant for it protects the individual’s privacy from the government and from government harassment. The Sixth Amendment is valuable since it provides the legal framework of the criminal legal system and to protect the accused person from abuse of power. Of all the Amendments of the Bill of Rights, the First Amendment, the Fourth Amendment and the Sixth Amendment are the most
The constitution of the United States of America contains the amendments that give American citizens their everyday rights and privileges. “Within the first eight amendments of the Bill of Rights, there are 25 specific liberties and protections for individuals. Of those 25 protections, fifteen relate directly to the criminal process.” This information comes from sixthamendment.org. These amendments include things like: freedom of speech, the right to a speedy and fair trail, the right to a grand jury and right to a fair trial in cases of criminal trials, and the right to bail. In this essay we will discuss only the Fifth, Sixth and Eighth amendment and how it protects the citizens of the United States.
the right to a jury trial. This allows a minimum of six Americans, chosen from