Application of the Sixth Amendment and COVID-19 Daniel Alvarez

docx

School

Strayer University *

*We aren’t endorsed by this school

Course

CRJ310

Subject

Law

Date

Feb 20, 2024

Type

docx

Pages

Uploaded by ElderBoarPerson291

Katie Lowman Week 5 Assignment: Application of the Sixth Amendment and COVID-19 LEG 420: U.S. Courts Professor: Daniel Alvarez February 5, 2023

Week 5 Assignment: Application of the Sixth Amendment and COVID-19. Beneath the Sixth Revision of the US Structure, a respondent has the proper to a fast trial. A court can reject the defendant's indictment on the off chance that this right isn't regarded. The Speedy Trial Act of 1974 too ensures the correct to a fast trial. Government criminal examinations must be completed by particular due dates set forward beneath the Act. A complaint or arraignment must be recorded inside thirty days of the capture or benefit of the summons (OJP, 1). The trial must start inside seventy days of filing a data or arraignment or appearing before a court official for the primary time (OJP, 1). The arraignment should take after these timelines, and litigants cannot explicitly forgo their rights beneath the Expedient Trial Act. No government can depend on a respondent forgoing their rights singularly. This case includes Ben's lawyer deferring the jury trial so that he might accumulate witnesses for his client (Strayer, 2). Such strategies might have deferred the trial. As a result, Ben went through over six months in imprison; this was well past the period given by law. Despite Ben's attorney's part in postponing the jury trial, the government was dependable for guaranteeing that Ben's 6th Correction right to an expedient trial was regarded. Indeed, although COVID-19 raised concerns, Ben ought to have gotten a hearing as long as it isn't inconceivable, concurring to the Ninth Circuit in Joined together States v Olsen. As to whether a jury trial ought to be conducted amid the Coronavirus widespread, the court made the following observation: "it isn't an address of in the event that the Court ought to hold Mr. Olsen's criminal jury trial amid this organize of the coronavirus widespread, but an address of how the

Court will hold the jury trial amid that organize" (Justia,3). Indeed, although the state representative requested all courts to shut and suspend jury trials due to open security concerns over COVID-19 (Strayer, 2), Ben did not get his hearing and remained in jail. Due to Ben's attorney's waiver of the correct to gather defense prove, his Six Revision right to a rapid trial has not been abused. Although it might have been conceivable for Ben to have been attempted some time recently the widespread by December 2019 or January 2020 on the off chance that the defense had not postponed that right "one or two of times." The Ninth Circuit Court concurred with this see in Joined Together States v Olsen, in which a locale court administering set aside the charges against a litigant on Sixth Correction grounds was switched. The Re-appraising Court contended that the Rapid Trial Act of 1974 clause managing with "closes of equity" was not considered by the lower court (Justia,3). The area court had blundered by rejecting the government's request for continuation. Based on the administering, Ben would be entitled to a full trial based on "closes of equity," as rejecting the twenty-four counts of wrongdoing would be an unsatisfactory premature delivery of equity. Rejecting the charges would set a terrible point of reference for other criminal suspects to delay procedures and apply for expelling their cases on fast trial' infringement.'

Your preview ends here

Eager to read complete document? Join bartleby learn and gain access to the full version

Access to all documents
Unlimited textbook solutions
24/7 expert homework help

Sources S R LOHMAN. 1975. SPEEDY TRIAL ACT OF 1974 - DEFINING THE SIXTH AMENDMENT RIGHT. https://www.ojp.gov/ncjrs/virtual-library/abstracts/speedy-trial-act- 1974-defining-sixth-amendment-right . Strayer University. 2023. Application of the Sixth Amendment and COVID-19 -The Facts. https://blackboard.strayer.edu/webapps/blackboard/content/listContent.jsp? course_id=_496977_1&content_id=_42562740_1&mode=reset . No author. 2021. United States v. Olsen, No. 20-50329 (9th Cir. 2021). https://law.justia.com/cases/federal/appellate-courts/ca9/20-50329/20-50329-2021-04-23.html .

Application of the Sixth Amendment and COVID-19 Daniel Alvarez

Related Documents