Farokh Khan

Engaged Citizenship
Summary
Chapter 18 & 19
The Sixth through Eight amendments of the Constitution are also part of the Bill of Rights. These
amendments are called, collectively, and were ratified together on December 15, 1791.
The Sixth Amendment guarantees a fair trial to defendants in a criminal prosecution, with the
right to a jury trial and help of guidance. This amendment guarantees eight main rights to a defendant in
a criminal prosecution. This law amendment does apply for both, the federal and the state prosecutions.
The right to speedy trial, Speedy trial protects the society, because the victim can commit more
crimes during his bail time. It is also in the interest of the victim, because if the bail is denied then he has
to sit in the jail until his trial. This can be unfair and overcrowd prisons.
Right to a public trial; U.S courtroom are always open to the public, but in some sensitive
evidence that can be dangerous is not published or are done behind closed doors. Example on cases can
be rape, organized crime etc.
Small cases that carry not more than six months or a fine of maximum $500 have right to not
trial by jury.
Right to trial by neutral jury from the district where the crime was committed is not usual
because you will prefer a jury who is on your side.
Right to be informed of the nature and course of the accusation,
Right to be confronted with the witnesses who is against. This because it may result in a witness
being caught in a lie.
One exception is that a child or other vulnerable witnesses can be allowed to give evidence in
the judges chambers without being cross examined.
Right to require the attendance of witnesses in his favor. Subpoena (subject to penalty) A formal
document issued by court ordering the witness to appear in court to give evidence at a certain time and
place. Often witnesses are afraid to go to the court therefor. If witness disobeys, he can get a penalty
and that can be a jail.
Right to be represented by counsel: Miranda warning: You have the right to remain silent. You
have the right to speak to an attorney, and to have an attorney present during any questioning. If you
cannot afford a lawyer, one will be provided for you at government expense.
The Seventh Amendment guarantees the right to trial by jury in civil trials. This right does not
extend to state courts because the Supreme courts do not regard it as incorporated. In Suits at common
law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be

Farokh Khan
preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States,
than according to the rules of the common law.
The Eight Amendment is best known for banning, cruel and unusual punishments, but it also
contains prohibitions against excessive bail and excessive fines. Excessive bail shall not be require, nor
excessive fines imposed, nor cruel and unusual punishments inflicted. If someone arrested, booked on
suspicion of committing a crime, he appears before a judge for arraignment. Judge hears the charges
and asks for a appeal. If the appeal is not guilty, a court date is set for the trial. That can take months or
years. On that type the court has to decide whether to keep the accused or defendant in jail or whether
to allow him or her to go free until the trial date.
The bail system intended to give a defendant an incentive to appear in court as required and not
skip town before the trial. A defendant facing a murder charge is likely to be given bail of minimum $
500,000. If you want to post bail, you have to pay 10%. If the defendant fails to appear in court, the
whole amount of the bail has to be paid to the court. Bail can be denied in serious cases like murder.
Completely forbidden punishments: torture, cancelling the citizenship of a U.S citizen, punishing
someone for suffering from an illness, punishment that are cruel and unusual because they`re excessive.
Debating the death penalty: