Speedy Trial Research Paper

History on Trial, written by Gary B. Nash, Charlotte Crabtree, and Ross E. Dunn, explains the events circulating the release of the National History Standards in 1994. This book follows their trials and tribulations after releasing the standards. It discusses the critics' harsh responses to the standards. These responses led to a media war over history and how it should be taught in American schools. The book, being written by them, offers the creators of the standards point of view. With that said, the book is biased. The book is a great source that shows exactly what the Gary Nash, Charlotte Crabtree and Ross Dunn felt during the media war, but it does not give the critics point of view. It paints the critics as rash and stubborn Americans

The rule of being innocent until proven guilty is promoted in the eighth amendment as well. That mean the person being charged shall not face jail time until it is proven that they have done the crime.

According to World Book Encyclopedia (volume 2, page 302) “In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial.” What it means by a speedy trial is not the trial itself is speedy, but that the defendant is not allowed to wait an extended period of time for his or her trial to take place. According to gpo.gov, “The right to a speedy trial may be derived from a provision of Magna Carta, and it was a right so interpreted by Coke. Much the same language was incorporated into the Virginia declaration of rights in 1776, and from there into the sixth amendment.” To summarize, the Virginia declaration of rights in 1776, was the origin that helped form the sixth

In the article, “Supreme Court Decision Focuses State Attention on Sentencing Regimes,” written by Don Stemen and Daniel F. Wilhelm, the authors expand the idea of the actions taken to determine the criminal sentence in the Blakely v. Washington case. In the case, Blakely argued that this sentencing procedure deprived him of his federal Sixth Amendment right to have a jury determine beyond a reasonable doubt all facts legally essential to his sentence (Blakely v. Washington, n.d). During the sentencing process, numerous aspects has to be taken into consideration to give the defendant an appropriate sentence.

The criminal trial process aims to provide justice for all those involved, while it succeeds in the majority of cases, it effectiveness is influenced and reduced by certain factors. These include the legal representation involved in a case and the availability of legal aid, the capacity of the jury assessing the trial, the credibility of scientific evidence and the impact of social media on the trial process. Due to such flaws the criminal trial process is not always an effective means of achieving justice.

America is built on the foundation of society being run and well-flowing around the three values the Republic of the United States hold most dear to: equality, freedom, and justice. The rights of the accused is an important factor in maximizing justice. Amendments 4-8 in the Bill of Rights specifically detail how criminal law should be dealt with, and how justice can be ensured every step of the way. The Fifth and Sixth Amendments contain two systems that go hand in hand with one another, a due process and a trial by jury for all citizens. Amendments 4-8, a Due Process, and a Trial by Jury are essential for establishing the rights of the accused and their absence would be detrimental to the effectiveness of the American criminal justice system.

The guarantee of the speedy trial is one of the fundamental liberties embodied in the Bill of Rights. The right has some limitations: it is activated only when the criminal prosecution has begun and applies only to those people who have been accused during the prosecution. There are only two cases known so far in which the Court held that the speedy trial right has been violated: Smith v. Hooey (1969) and Dickey v. Florida (1970). In these cases the States preferred criminal charges against people who were already confined in prisons of other jurisdictions as a

The sixth amendment states, “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 or his defence.” ("The Bill of Rights and Amendments 11-27.") This amendment means that anyone who is accused of a crime has the right to a quick and public trial. The trial of the accused must be held by an unbiased jury in the area where the crime supposedly

This means in all cases, the accused person will enjoy the right to a quick and public trial by an unbiased judge of the state and county where the crime was committed. The county will be determined by law enforcement and the accused person has the right to be hold what they are accused of and able to confront witnesses against him/her as well as have the ability to call his/her own witnesses. The accused person has the right to have a lawyer to define him/her. The sixth Amendment does allow for equality because it allows a public trial without unnecessary delay, the right to a lawyer. The VII Amendment states, “Excessive bail shall not be required, nor cruel and unusual punishment inflicted. This means a large amount of bail will not be required to leave jail or a large amount of fines imposed on people who are guilty, or cruel punishment used on people who are in jail. Amendment Eighth does allow for equality because it prohibits cruel and unusual punishments, but also mentions “excessive

The e-text discussed Arraignment. This is the initial hearing in which the charges are presented, the convicted rights are advised, counsel is provided, and plead towards the charges is accepted. This relates to the article as every inmate in prison has gone through this process. After the arraignment, there are two main ways each prisoner was convicted. Each prisoner either plea bargained with the prosecution and judge to received his or her sentence or, the offender went to trial and was proven guilty beyond reasonable doubt either by a judge or a jury. Both are ways that the prisoners were convicted and why the prison rate in the United States is so

The sixth amendment states that the people have a right to a quick trial. This essentially means that after a person is accused of a crime, the trial must be held as soon as possible, the person cannot sit in jail for months awaiting a trial. The reason that this

The criminal trial process is an interesting process that takes place in Courtrooms all across the United States and throughout the globe. This study intends to set out the various steps in the criminal trial process in the American justice system. A trial is described as a "legal forum for resolving individual disputes, and in the case of a criminal charge, it is a means for establishing whether an accused person is legally guilty of an offense. The trial process varies with respect to whether the matter at issue is civil in nature or criminal. In either case, a jury acts as a fact-finding body for the court in assessing information and evidence that is presented by the respective parties in a case. A judge presides over the court and addresses all the legal issues that arise during the trial. A judge also instructs the jury how to apply the facts to the laws that will govern in a given case." (3rd Judicial District, 2012)

he right to a speedy trial is the first of the seven rights. Having a speedy trial is essential while you are being under investigation for the simple fact that one would not want to spend an infinite amount of time behind bars without being heard. For example if one is being held behind bars for five years before their case is even brought to trial and defendant happened to be innocent, there is no way the court can grant the person those five years that the person had lost. Another reason for a speedy trial would be for the obvious reason that it is expensive to house an individual behind bars while he waits for trial. Finally the most important reason would be that as time goes by the accused memory may become cloudy and would most likely damage his defense. The right to a speedy trial was proposed by James Madison while trying to defend the constitution to the anti-Federalist. Madison proposed twenty amendments in what is known as the bill of rights on June 8, 1789 (Revolutionary War and Beyond, 2008-2010). Madison gave a speech to the very first congress

This first week the assignment was to Define crime, its relationship to the law, and the two most common models of how society determines which acts are criminal, Describe the government structure as it applies to the criminal justice system, Identify choice theories and the their assumptions in regards to crime, Describe the components of the criminal justice system and the criminal justice process, Identify the goals of the criminal justice system.

What I have interpreted this as, is the court system is trying to get through these things as quickly as possible, as well as try to convict someone as quickly as possible to give the community a sense of reassurance that a murderer is off the streets. Furthermore, if the