Monday, October 7, 2019
Sixth Amendment Essay Example | Topics and Well Written Essays - 500 words
Sixth Amendment - Essay Example The right to a speedy trial is calculated to ensure that the accused is not unduly remanded in custody while awaiting trial. It safeguards against the possibility that an innocent person should have a criminal charge hanging over his head for an unreasonable period of time. (Head) The requirement for a public trial ensures that the judicial process is accountable and that under public scrutiny a public record of the trial will aid in judicial review of the process via the appellate system. The right to an impartial jury is calculated to further ensure that the criminal trial process is free of prejudices and unfairness. Jury selection as practiced reflects the intent of the Sixth Amendment by providing a vetting process that safeguard against jurors serving who might be predisposed to prejudices against the accused person, the victims or the criminal process in general. (Head) It also attempts to aid in the selection of a jurors who have not been or will not be influenced by media re ports so that the accused will only be judged by the facts presented in evidence at his or her trial. The right to confront witnesses is crucial to the element of fairness within the ambit of the Sixth Amendment. It lays the groundwork by which the prosecution is required to meet the burden of proof. At a trial the witnesses are required to provide sworn testimony of the criminal claim with the accused present. The right to confront those witnesses gives way to the practice in which the accused if he decides may either by himself or through his legal council cross-examine those witnesses. The idea is to test the veracity of the evidence and to ensure that the witnesses are credible. By the same measure the accused is entitled to call his own witnesses if he deems necessary. For instance he might be able to present alibi evidence capable of proving that he could not have committed the crime since he was not in the vicinity of the
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