Term Paper on "Criminal Justice the 6th Amendment"

Term Paper 3 pages (1034 words) Sources: 3

[EXCERPT] . . . .

Criminal Justice

The 6th Amendment

The 6th Amendment to the United States Constitution is a part of the Bill of Rights. The Bill of Rights became law in 1791. The 6th Amendment focuses totally on the rights of a person accused of committing a crime by the state (the 6th Amendment, 2011). The 6th amendment states that "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 defence" (U.S. Constitution: Sixth Amendment, 2011).

There are seven rights listed in the 6th Amendment that people are guaranteed. These include:

The right to a swift trial

The right to a public trial

3. The right to be judged by an neutral jury

4. The right to be informed of the nature and conditions of the supposed crime

5. The right to confront witnesses who will give evidence against the accused

6. The right to find witnesses who will talk in favor of the accused

7. The right to have a lawyer (the 6th Amendment, 2011).

The first protections are the right to a speedy and public trial. While the meaning of speedy depends on state statute sand court dockets, one will at all times be informed of a

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court date. In regards to a public trial, this guards one from being tried in secret. With very few exceptions, anyone can be present at a trial. One also has the right to a neutral jury, meaning the jury will be made up of people with no awareness of the case or preferential treatment towards either party. Even though the right to notification appears in the middle of the text of the amendment, it is usually the first step in the judicial process. It means that one has the right to be informed of the temperament and cause of any charge against them. If someone files suit, they must serve the defendant with a complaint. If one is accused of a crime, they must be informed of both the allegations and their rights when they are arrested (Sanders, 2007).

The next elements of the Sixth Amendment deal with witnesses. First off, defendants have the right to acquire subpoenas to call forth witnesses, documents and evidence that will help their case. The history of this part of the amendment is often in doubt; though, numerous people believe it came from the trial of Sir Walter Raleigh. He was convicted based on the statement of an alleged co-conspirator who never came to court and is believed not to have ever existed. A subpoena is a safeguard against phony accusations and a staged witness selection process. Secondly, defendants have the right to be confronted by or to confront any witnesses. In court, this confrontation… READ MORE

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Quoted Instructions for "Criminal Justice the 6th Amendment" Assignment:

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As part of this course, you will be required to complete a writing assignment. (Formerly referred to in this course as an analytical critique) Students will be expected to turn in a 3-4 page report on April 6, 2011 at the beginning of class. Students will identify specific case(s) which have shaped the past and current interpretations of their assigned constitutional amendment and provide supported statements which outline the direction of future interpretations of the amendment. This report will be in APA format, utilizing a work cited page and be double spaced. The number of required pages for this assignment does not include the cover page, works cited, etc. pages. Your written assignment should include a minimum of three sources or works cited. (NOTE: Please use standard margins and *****Times New Roman***** font). If you fail to hand in your paper on the date it is due, your grade will be reduced by one letter grade (10 points) for each day the paper is late unless prior approval has been obtained.

USING THE 6TH AMENDMENT!!!!

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1. Criminal Justice the 6th Amendment. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/criminal-justice-6th-amendment/371. Published 2011. Accessed September 28, 2024.

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