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by Jacob G. Hornberger, Posted June 22, 2005
Among the legitimate purposes of government is the punishment of those who violate the rights of others through the commission of violent or forceful acts, such as murder, rape, robbery, theft, burglary, or trespass. As the Framers understood, however, the matter does not end there because an important inquiry immediately arises: How do we ensure that people are not convicted of crimes they haven¶t committed? That¶s the purpose of the Sixth Amendment ² to protect the innocent from being convicted and punished. The Sixth Amendment reads as follows:
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 for his defence.
The idea behind the right to a speedy trial is to ensure that a federal prosecutorial hammer is not held over someone¶s head for an indefinite period of time and to prevent indefinite detentions of people accused of crimes. The importance of this right was emphasized by the U.S. Supreme Court in Klopfer v. North Carolina (1967):
We hold here that the right to a speedy trial is as fundamental as any of the rights secured by the Sixth Amendment. That right has its roots at the very foundation of our English law heritage. Its first articulation in modern jurisprudence appears to have been made in Magna Carta (1215), wherein it was written, ³We will sell to no man, we will not deny or defer to any man either justice or right´; but evidence of recognition of the right to speedy justice in even earlier times is found in the Assize of Clarendon (1166).
In U.S. v. Ewell (1966), the Supreme Court stated that the provision is ³an important safeguard to prevent undue and oppressive incarceration prior to trial, to minimize anxiety and concern accompanying public accusation and to limit the possibility that long delay will impair the ability of an accused to defend himself.´ The idea of a public trial is to ensure that government prosecutorial actions are exposed to public view, so as to discourage abuses of prosecutorial power. The old English Star Chamber, whose proceedings were held in secret and which was a model for prosecutorial abuse, comes to mind. So does Germany¶s People¶s Court under the Hitler regime. As the Supreme Court stated in In Re Oliver (1948),
The traditional Anglo-American distrust for secret trials has been variously ascribed to the notorious use of this practice by the Spanish Inquisition, to the excesses of the English Court of Star Chamber, and to the French monarchy¶s abuse of the lettre de cachet. All of these institutions obviously symbolized a menace to liberty.... Whatever other benefits the guarantee to an accused that his trial be conducted in public may confer upon our society, the guarantee has always been recognized as a safeguard against any attempt to employ our courts as instruments of persecution.
Jury trials and their location As I pointed out in my January Freedom Daily article, trial by jury is one of the ultimate safeguards of a free society because of the power that the jury has to acquit an accused if it believes that the law that he is accused of violating is an unjust law.
.. witness Smith tells Officer Jones.´ The officer¶s statement would constitute hearsay because he¶s relating what someone else told him outside the courtroom. which is served on the witness by a U.´ At trial. which better enables him to defend himself against the charges.. he has the right to secure the issuance of a federal subpoena. Why is cross-examination so important? Because the jury is then able to carefully observe the demeanor of the witness as his version of the facts is being challenged through a rigorous cross-examination.S. For example.) . therefore. Among the most important rights is the right to confront the witnesses on whose testimony the government is relying to prosecute the accused. Hearsay is a statement that is made by a person outside the courtroom and. not subject to being questioned or challenged through cross-examination by the accused or his lawyer.The reason that federal trials are required to be held in the state and district where the crime was committed is to ensure that federal officials don¶t require a defendant to travel hundreds or thousands of miles away from where the witnesses probably reside and where the defendant might live. And probably no one. the problem that the defense attorney really faces is that he can¶t cross-examine witness Smith about the accuracy of his statement. It cannot seriously be doubted at this late date that the right of cross-examination is included in the right of an accused in a criminal case to confront the witnesses against him. ³I saw Roberts shoot the victim. ³He told me that he personally saw the defendant shoot the victim. the government calls Officer Jones to the stand and asks him to relate what witness Smith told him during the investigation. the accused has the right ³to have compulsory process for obtaining witnesses in his favor.. Supreme Court put it Pointer v. Texas (1965). This right involves two important legal principles ² hearsay and cross-examination. suppose that during a criminal investigation.e. certainly no one experienced in the trial of lawsuits. on pain of fine and imprisonment for failing to do so. The jury is better able to judge whether the witness is lying (which witnesses do sometimes) or telling the truth. would deny the value of cross-examination in exposing falsehood and bringing out the truth in the trial of a criminal case. While Roberts¶s attorney could cross-examine the officer and challenge whether witness Smith actually told him that. marshal and which orders the witness to appear at trial. Officer Jones says. Notice of the charges and confronting witnesses The right to be informed of the nature and cause of the accusation requires a formal written charge (i. The fact that this right appears in the Sixth Amendment of our Bill of Rights reflects the belief of the Framers of those liberties and safeguards that confrontation was a fundamental right essential to a fair trial in a criminal prosecution. a grand jury indictment) detailing the offense with which the accused is charged. By the same token.S. As the U.´ What that means is that if the accused needs the testimony of a reluctant or recalcitrant witness to help establish his innocence. (Whether the compulsory-process clause violates libertarian principles is an interesting issue for another time.
If charged with crime. the tremendous skill of government attorneys and the complexities of a criminal trial. He requires the guiding hand of counsel at every step in the proceedings against him. and even the right to know exactly what they are being charged with. even though he have a perfect one. Make no mistake about it: If the feds treat foreigners accused of terrorism in this way. Left without the aid of counsel he may be put on trial without a proper charge. they¶ll do the same to Americans. The reason is obvious ² given the enormous resources of the government. Alabama (1932). The Supreme Court explained in Powell v. of little avail if it did not comprehend the right to be heard by counsel. Most of the proceedings are as secret as they were in the Star Chamber and in Hitler¶s People¶s Court. Finally. Even the intelligent and educated layman has small and sometimes no skill in the science of law. Is the Sixth Amendment relevant today? You bet it is. Just ask Jose Padilla. He lacks both the skill and knowledge adequately to prepare his defense. Send him email. you may want to consider subscribing. This article originally appeared in the February2005 edition of Freedom Daily. ³Civil liberties are a great heritage for Americans. he faces the danger of conviction because he does not know how to establish his innocence.´ Jacob Hornberger is founder and president of The Future of Freedom Foundation. Ever since their arrest. especially given the Pentagon¶s use of military tribunals in another country. If you enjoyed reading this article. for people accused of terrorism.S. . a system in which every American should take great pride. Cuba. As the great criminal defense attorney Edward Bennett Williams put it. due process of law. they are the rights that the people carved out for themselves when they created the government. They are not rights that the government gives to the people. the federal government is doing everything it can to deny accused terrorist Zacharias Moussaoui the right to cross-examine adverse witnesses and to summon favorable witnesses in his behalf in his federal court prosecution. authorities charge with a crime. all these procedural rights belong not only to Americans but also foreigners whom U. trial by jury. of determining for himself whether the indictment is good or bad. people accused of terrorism at Guantanamo Bay have been indefinitely detained and denied the right to counsel. and convicted upon incompetent evidence. He is unfamiliar with the rules of evidence. the Sixth Amendment guarantees that a person accused of a crime has the right to have an attorney defend him in court. Moreover. in many cases. Our ancestors bequeathed to us the finest criminal justice system in history. Without it. The right to be heard would be. he is incapable. we should note that pursuant to the express language of the Sixth Amendment. an accused would stand little chance if he were required to defend himself. generally.Right to counsel Finally. though he be not guilty. or evidence irrelevant to the issue or otherwise inadmissible. habeas corpus. an American whom the Pentagon has held in a military dungeon for almost three years and whom they have denied all the rights enumerated in the Sixth Amendment.
http://www. In the event that he/she cannot afford to hire an attorney. While some less democratic countries may also hold trials before criminal convictions. y y y y . understood that individual rights cannot be protected and democracies cannot function unless those accused of crimes receive what we now call due process of law. The defendant also has the right to gather his/her own evidence and witnesses.org/freedom/fd0502a. the court must provide legal counsel at no charge. The accused have a right to remain silent until he/she has had the opportunity to confer with legal counsel. Innocent Until Proven Guilty The basis for these rights is the supposition that all individuals are innocent until proven guilty. The accused has the right to adequate legal representation.fff. The rights of the accused have been established in the Bill of Rights and have been continuously refined in courtrooms ever since. The accused has the right to know what the charges are and to confront witness testifying against him/her. The following rights stem from this supposition and are guaranteed to all those accused of a crime: y For a defendant to be found guilty. armed with hindsight from the colonial days and their experience in Britain. This protection preempts torture and other forms of coercion by rendering the confessions or incriminating testimony inadmissible in court.asp Rights of the Accused The founders of the United States. The Constitution's Bill of Rights spells out a number of rights afforded to those charged with crimes. it doesn¶t mean much if the accused party has no rights during the trial. The accused are protected from self-incrimination. The founders of the United States sought to protect the civil rights of the accused to make the judicial process as fair and just as possible. the prosecution must prove beyond a reasonable doubt that the accused did in fact commit the crimes that he/she has been charged with.
a judge must not allow any evidence gathered unlawfully to be admitted in court. If you would like to learn more about the rights of the accused. Arizona. There are many circumstances where law enforcement must obtain a search warrant before searching private property for people or evidence. To ensure that this right is upheld. The accused has the right to be free of unreasonable search and seizure. please contact a qualified and experienced defense attorney in your area who can evaluate your case to determine how best to protect and maximize your legal rights and interests. An individual cannot be tried for the same crime twice. http://www. The defendant has the right to a public and speedy trial by jury if desired.com/legal/accused_rights. Garner . Tennessee v.criminal-law-lawyer-source.y y y y Those charged with serious crimes must be indicted by a grand jury.html Rights Of The Accused Rights of the accused: Miranda v.
In this case. A police officer may not seize an unarmed.1694.59). Garner case. Graves. when the suspect poses no immediate threat to the officer and no threat to others. The Federal Law Enforcement Training Center(FLETC) has developed the FLETC use-of-force model to teach officers the proper method to utilize force in response to the threat they face. 1. Connor. the court ruled that the use of deadly force against apparently unarmed and non dangerous fleeing felons is an illegal seizure of their person under the Fourth Amendment.. 105 S. ³Deadly force may not be used unless it is necessary to prevent escape and the officer has probable cause to believe the suspect poses a significant threat of death or serious injury to the officer or others´(Tennessee v. y Due Process Rights . the Supreme Court outlawed the indiscriminate use of deadly force with its decision in the case of Tennessee v. Through demonstrations. Ct. ³The FLETC Use-of-Force Model. As a result of the decision in the Tennessee v. 471 U.000 other essays are available now on OPPapers. policies that restrict the police use of violence have been implemented by some states. the harm resulting from failing to apprehend the subject does not justify the use of deadly force to do so. Garner. The majority opinion stated that. non dangerous suspect by shooting him dead. 1985). Policy making by police administrative review boards as well as internal review are also ways in which to control police shootings. y y Submitted by: beautylives26 Date Submitted: 07/25/2009 08:05 AM y y Category: Law Length: 2 pages (295 words) y y y y Views: 685 Rank: 167600 Report this Essay Save Paper y y Related Essays y Joseph Accused By Potiphar. Garner. 85 L. and training scenarios officers are taught to assess the behavior of the suspect and apply an appropriate amount of force(Graves.S. p.Ed.com. F.In 1985.. Tennessee v. and G. and G. lectures.´ Police Chief 59(1992):56-58.2d 889 (1985). Connor. Garner. F. READ FULL ESSAY Already a Member? Login Now » This essay and over 470. Others have continued to upgrade training in the use of force.
" In Keys' essay. shall not be violated. and particularly describing the place to be searched. The Fourth Amendment of the United States Constitution prohibits unreasonable search and seizures stating. it may appear that spokesmen of mass-membership pressure groups are "unrepresentative of the opinions of their members. it is a realized fact that special interest groups with a mass membership are considered to be congregations with enough power to affect election results and "pressure party leaders. but upon probable cause. he attempts to hypothesize that there are naturally. Alike to all other human groups. The Due Process model consists of many factors but a few are the idea of aggressive police enforcement. "The right of the people to be secure in their persons." it is more likely that there are other theorems with which to explain this phenomenon. in a composition appropriately entitled Pressure Groups." (The Bill of Rights the First Ten Amendments) Law enforcement communities often bring up the argument that the Due Process Model puts constraints on law enforcement's capability to battle crime. On the contrary.O. However. Crime Control The criminal justice system in the United States has traditionally operated under two fundamentally different theories. pressure groups "Ordinarily concern themselves with only a narrow range of policies. however. Apparently the driving force behind action is not as cut and dry as the image of "the lobbyist who speaks for a united following. and imposition of proper and reasonable punishment. equitable and fair-minded judicial process. This theory is characterized by the idea that the rights of the accused need to be carefully protected in any criminal justice investigation. determined in its aims and prepared to reward its friends and punish its enemies at the polls. The Due process Model suggests that society and the judicial process should engage in considerable efforts to protect those who may be wrongly accused.. supported by Oath or affirmation. . legislators. and the persons or things to be seized. The Role Of Special Interest Groups In American Politics THE ROLE OF SPECIAL INTEREST GROUPS IN AMERICAN POLITICS Like political parties." Nevertheless. papers. The law enforcement community must. The main idea encompassing the model of Due Process is to make sure that people who are innocent are not being wrongly convicted or targeted. and no Warrants shall issue. This theory is characterized by the idea that criminals should be aggressively pursued and crimes aggressively punished. Key Jr. pressure groups can be considered another system that connects the citizen more directly to government. According to V. against unreasonable searches and seizures. and effects. does not take into account the wide potential for variability in policy opinion that can occur within large groups. One theory is the Crime Control Model. The Due Process model also puts on emphasis on the rights of the person or people who are being accused of a crime. and others in official position to act in accord with their wishes " Although it is accepted that pressure groups indeed pressure politics in certain directions. their intentions are to "influence the content of public policy rather than the results of elections. The other theory is the Due Process Model. (Levy." In reality." and unlike the goals of political parties.. it is not a "wicked betrayal" or a "deliberate departure from the mass mandate. 1999) The Due Process Model emphasizes the adversary system. at the same instant there are marked differences in both composition and function that define interest groups as different entities from larger political parties. "opinions do not fall into blacks and whites. houses.. It is important to keep in mind that there is the argument that the due process model focuses more upon the rights of the accused instead of the rights of victims. it is quite a different task to describe how pressure groups link public opinion to government action." This perception..y y y Due Process Vs.
on my own. keep me focused. Although. Perfect College Essay With Special Interest I am a student of life that yearns for wisdom and is driven by moralistic values. giving advice. At least twenty-five other noteworthy public-policy groups have been formed or dramatically expanded through the decade (Waldrough p. An interest group is more or less an organized group of individuals that seek political advantages through lobbyist tactics. No one has all of the answers. There are many ways that the groups can influence politics. I want to receive and utilize this knowledge at a youthful age in order to reap the benefits of enjoying a successful life.Special Interest Groups Special Interest Groups Special interest groups although.. With nearly thousands of different groups with nearly unlimited funds all trying harder than the last to wow people in political power. I want to have the knowledge that will be needed when faced with obstacles that life will eventually challenge me with. Conservative thinking has spread throughout our political and daily lives and stands poised to become the dominant party in American public policy. it can be challenging for even the truest politician to not be tempted. I was blessed to have these people in my life who truly love me.000 ten years ago to $8. This causes most incumbents to win because they have the ability to outspend their challengers (Waldrough p. Special interest groups also give money to incumbents.24). The budget of the Center for Strategic and International Studies (CSIS) has grown from $975. I will attain a wise council to assist me. The Heritage Foundation has sprung from nothing to command an annual budget of $11 million. which means that incumbents can gather large reelection funds that discourages potential challengers. Over a somewhat longer period the endowment of the Hoover Institution has increased from $2 million to $70 million. The increase in interest group activity has separated political parties into little pockets of debates and have often belittled the power of political parties with these pockets (Wikipedia). I love being a part of the business atmosphere.. Whether it is accomplishing a goal. a definite element in today's politics seem to pollute political water ways with unjust policies and excessive spending. but I try to gain the wisdom and instruction to get ahead in life.6 million today. I want to be able to do so.128-132). While the political rising. My friends and family are my guides and helpers. These are some numbers to demonstrate how corrupt things have become. special interest groups can be righteous it is becoming more and more rare to find an honest group despite an increasing number of groups. and try to help me succeed in whatever I attempt to accomplish. or staying in the right frame of mind. When I can¶t do it myself. It is a place where I obtain attention naturally and . Conservatives are one of the big groups that influence politics.
From picking up trash. and World Com are examples of what happens when good ethics aren¶t practiced. Kmart. I try not to litter. It comes in a variety of ways.. I. Please upgrade your account to view this essay. It is also a place where I believe morals and values will flourish because ethics are an all-important element in the business world. This passed summer. y y Submitted by: Sinorice Date Submitted: 04/20/2008 03:45 PM y y Category: Career & Vocational Length: 2 pages (498 words) y y y y Views: 980 Rank: 184664 Report this Essay Save Paper . I always give advice that is in the best interest of friends. Enron. to being a mentor for a student or younger sibling. I assisted with a political campaign for state reprensative LeMar Lemmons. I was invited by teachers and mentors on the Advisory-Board at Golightly Vocational Center to New York City for a focus trip. I have contributed to society at a young age. It comes from the heart.. I will engage in challenging endeavors and develop into a productive citizen. UPGRADE NOW This is a premium member essay. I am a role model for my younger brother and sister. Communtiy service involvement is an important factor in being a productive citizen. where I had the opportunity to visit several companies on Wall Street.my humble disposition is appreciated.
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