Speedy and Public Trial Set 1 Mira and Audra

Più simili a questo

Civil Rights

da Adalyn Graham

Organigrama arbol

da Mili Ulloa

Sum Up Unit 4

da Zamora Santoyo Gemma Cecilia

Public Diplomacy

da Marnee Farris

Speedy and Public Trial Set 1 Mira and Audra

Why is this right important in a democratic society?

Guarantees fundamental rights to criminal defendants

All essential elements of the process and protect against arbitrary government action, upholding the principle of "innocent until proven guilty."

It gives criminals a fair trial by providing the right to a speedy and public trial by an impartial jury, the right to confront witnesses, and the right to a legal counsel

How has this right been interpreted by the courts over time?

Not guaranteeing a specific time limit for a trial; defendant must express their right to a speedy and public trial

Richmond Newspapers v. Virginia (1980): Affirmed the public's right to attend criminal trials

The "public trial" aspect is generally interpreted to mean that the public has a right to attend criminal trials, but exceptions may exist for sensitive information or to protect witnesses.

What specific language in the amendment protects this right?

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial"

This phrase clearly states that a person accused of a crime has the right to a trial that is both "speedy" (occurring without undue delay) and "public" (open to the public).

What is the historical context in which this right was added to the Constitution?

To address concerns about unfair practices in criminal trials during the colonial period

Lack of access to legal counsel

Potential of biased jurys

Has this right ever been challenged or limited?

Yes

Ex. People have the right to have an attorney, however, having the right to choose a particular attorney is not absolute.

A court may deny a defendant's choice of attorney if there is a serious conflict of interest or other concerns about the attorney's ability to effectively represent the defendant

What groups of people have benefited the most from this right?

Immigrants/Non-Citizens

Racial and Ethnic Minorities

Criminals/ juveniles

People who have low income

How does this right impact the daily lives of Americans?

Guaranteeing fundamental protections for anyone accused of a crime

Right to have their witnesses appear in their trial

Right to confront and call witnesses during their trials

Right to have a lawyer

Right to have a timely trial

What are some landmark cases related to this right?

Coy v. Iowa

Coy argued against this and The Supreme Court ruled that the screen violated Coy's right to confront the witnesses face-to-face

Court allowed the 2 girls to testify behind a screen so they would not have to see Coy

John Coy was tried for sexually assaulting two 13-year-old girls in Iowa.

Gideon v. Wainwright

The Court stated that the assistance of counsel is necessary to protect fundamental human rights of life and liberty

Appeared in Court without an attorney

Clarence Gideon was charged with breaking and entering with the intent to commit a misdemeanor in Florida

States must provide a lawyer for defendants who cannot afford one