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The 6th Amendment Rights Essay

The Sixth Amendment

The Sixth Amendment was adopted as part of the Bill of Rights in the U.S. Constitution to address some vital issues regarding criminal law. It seeks to offer several protections and rights to individuals suspected of committing a crime. One of the provisions of this amendment is the right to a jury trial for serious cases in federal and state courts. A person accused of a crime has the right to an impartial jury trial as part of efforts to ensure a speedy and public trial. The 6th Amendment right to a jury trial is not applicable to suspects facing petty crime charges with imprisonment of up to six months as a possible punishment (Smith, 2021). This provision is meant to protect against partial trial of offenders suspected of committing serious crimes. It helps to ensure that such offenders are subjected to an impartial trial that would result in an appropriate determination of a case. The founding...

The integrity of public trials is the cornerstone of sound criminal justice proceedings and fairness in the determination of cases.

While the jury system was established to help ensure impartiality in criminal proceedings, it has attracted concerns regarding its effectiveness and application in todays criminal justice field. One of the intrinsic flaws in this system is the fact...

…instances, especially in situations where a witness is unavailable at trial. The considerable variations and differences among states have contributed to the development of several hearsay exemptions to address situations where a witness is absent at trial (Silverman, 2012). This right could be violated when a witnesss prior testimony is introduced at trial if his/her absence is not due to death or because of the defendants fault. Such a scenario constitutes a violation of the Confrontation Clause since the defendants attorneys had no prior opportunity to cross-examine testimony. The lack of opportunity to cross-examine the testimony before its introduction into trial implies that it is inadmissible in court. Testimonial statements need to meet a certain threshold to be admissible…

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References

Ryan, J.P. (n.d.). The American trial jury: Current issues and controversies. Retrieved December 9, 2021, from http://www.socialstudies.org/sites/default/files/publications/se/6307/630711.html

Silverman, S. (2012). Confrontation vs. hearsay: Crawford v. Washington and its progeny. New Hampshire Bar Journal, 44-46.

Smith, C.E. (2021). Sixth Amendment. Salem Press Encyclopedia.

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