The Bill Of Rights In Action Essay — страница 7

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revitalize the city s economy. This provision has been extremely crucial to society, for it shows the freedom of power. It is comforting to know that the government cannot come and force one to move without reason or without full and just compensation. Once again, this puts a limit on what the government can and cannot do. The Sixth Amendment The Sixth Amendment sets forth the rights of the accused in criminal proceedings: a speedy and public trial, an impartial jury, the location of the trial in the area where the crime took place, full notification of the prosecution charges, a confrontation with witnesses for the prosecution, compulsory methods to obtain favorable witnesses, and counsel. The right for a person to be tried by an impartial jury is in compliance with the Supreme

Court’s belief that the jury as a group can reach a balanced result only if it reflects the different beliefs and attitudes of the community. A trial jury must be selected from a representative impartial cross-section of the community where the crime was committed, without excluding large or distinctive groups of the population. To ensure an impartial jury, lawyers from both sides conduct a “voir dire,” in which they question prospective jurors before trial to uncover any bias or prejudice. This process is essential to the term innocent until proven guilty. It must be clear, even before the trial begins, that the jurors have not been previously swayed to believe that the defendant is either guilty or not guilty. The next provision in this amendment is the right to confront.

This guarantees defendants that trial witnesses will testify under oath, be subject to cross-examination, and be observed that the judge and the jury in order to assess their credibility. The accused person has the right to confront face-to-face any and all of the witnesses testifying in the case. In Coy v. Iowa, Coy questioned the one-way mirror that had been placed between him and the two victims as to spare them from any more trauma. He claimed his right to confront had been disregarded. But here, the Court found that the welfare of the two female child victims was outweighed the defendant’s right to confront. In 1988, the Supreme Court reversed on its previous opinion that a defendant can testify behind a screen or monitor. It now maintains that defendants have a right to

at least see the ones against them face-to-face, emphasizing that this is an essential aspect to a fair trial. On the other hand, this right is still not absolute; a traumatized child may testify through a monitor, screen, etc. The compulsory process includes the legal mechanisms to require people to give depositions and be present to testify at trial or pretrial hearings. If they do not wish to appear, a subpoena can be sent, thereby compelling them to appear. It also includes the right to compel the production of documents. All together, it gives the defendant the basic right to present a defense. The defendant s need for evidence is so crucial that in a case where this provision conflicts with the First Amendment, the Sixth Amendment will take precedence. This decision of the

Supreme Court is based on the grounds that the Sixth amendment is the paramount amendment, guaranteeing all our other rights, including our First Amendment rights, because it provides for a fair trial. In addition, it overwhelms the First Amendment right for the press to withhold information. I agree with the decision of the Supreme Court on the basis that if the right to present a defense is perhaps the most basic right a criminal defendant has, how can courts deny the evidence which they claim is critical to exercise that right. The right to counsel has been recognized by the Supreme Court as notably consequential. Of all the rights that an accused person has, the right to be represented by council is by far the most pervasive for it affects his ability to assert any other

rights he may have. Without aid of counsel, the Supreme Court upholds that the accused may be put on trial and convicted upon improper evidence. In the landmark 1863 case, Gideon v. Wainwright, the court was faced with a man who was convicted of felony breaking and entering in a Florida state court without any counsel appointed to represent him. The Supreme Court ruled in a unanimous decision that Gideon was guaranteed the right to be represented by a public defender in the Sixth Amendment and the Due Process Clause of the Fourteenth Amendment. It ruled that the right to counsel is so fundamental that it must apply to both the State and Federal governments and that any person brought to court that is poor cannot be assured a fair trial unless counsel is provided for him. The