Lexie Martin - Amendment 6
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Constitutional Conversation: 6th Amendment - Speedy Trial and Public Trial, Impartial Jury

Listen to scholars at James Madison's Montpelier discuss: - How did the Founding Fathers define a speedy trial and why did they address how long it takes to ...
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The 6th amendment is about fundamental fairness and having the right to be represented properly in front of the jury. This prevents citizens from being put in jail without the propper opportunity to defend themselves. Allowing anybody to be a part ofthe jury removes the unfair possibility of having a defendant of a different race being tried by an all white jury. A public trials are important to society, becuase  by allowing cameras into the courtroom, they get broadcasted which allows those who may not beinvolved in the case to watch and observe and form there own personal opinions on a case, as opposed to if there were private trials that where only assessed by a few people in the courtroom.

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The 6th Amendment: Supreme Court to Hear Texas Death Row Case - US Politics Today

The 6th Amendment: Supreme Court to Hear Texas Death Row Case - US Politics Today | Lexie Martin - Amendment 6 | Scoop.it
The 6th Amendment: Supreme Court to Hear Texas Death Row Case. Press release distribution provided by US Politics Today
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In 1977,Texas death row inmate Carlos Trevino was convicted for raping and murdering a 15 year old girl at a park in San Antonio. Much later, in November of 2012, the Supreme Court had agreed to a hearing of Trevino's case. This second hearing will expose weather or not Trevino's constitutional rights were violated during his first trial.

 It was said that Trevino's 6th amendment right to an attorney was violated when his attorney failed to direct his attention to the client and trial at hand, which could have lead to a wrongful conviction. Although the it was argued that the defendant could have spoke for himself, the previous attorney did not provide the propper investigation therefore, Trevino was given the second trial.

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Blakely v. Washington | The Oyez Project at IIT Chicago-Kent College of Law

Blakely v. Washington | The Oyez Project at IIT Chicago-Kent College of Law | Lexie Martin - Amendment 6 | Scoop.it
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Blakely v. Washington

In this case, Ralph Howard Blakely Jr. pleaded guilty as to kidnapping his wife. The facts admitted in his plea gave Blakely a sentance of 53 months. After admitting that he was "diliberatley cruel" with his wife, the judge extended the sentance to 90 months.  Blakely argued that the sentancing proceedure violated his 6th amendment due to the fact that the jury did not have a say in the judges ultimate descision to extend the sentance.

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The Sixth Amendment Explained: The Constitution for Dummies Series

Continuing the Constitution for Dummies Series with the Bill of Rights and Amendment 6. Explained simply so you can understand the Constitution of the United...
Lexie Martin's insight:

In 1787 the  6th ammendment was added to the United States Constitutions Bill of Rights. The Supreme Court defines speedy trial by giving the trial aproximatley one year to see if the right has been violated. If the court finds that the right has been violated then any sentanced get overturned.

The trial must happen in the state/district it has been occured in because due to selective incooperation, some states have different laws that apply to different areas, such as how many need to agree with what is going on and weather or not the the prosecutor is prejudice towards the defendant.

All of those involved in the case must be educated on the history of the case and know all of what the defendant is being accused of, so that they can have a clear overview of what is going on; and they must keep what is said in the courtroom to themselves, to avoid any inturuptions with the case. 

 

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Jury Size and Unanimity under the 6th and 14th Amendments

Jury Size and Unanimity under the 6th and 14th Amendments | Lexie Martin - Amendment 6 | Scoop.it
This page includes materials relating to the continuing controversy over when the Consitution protects the rights of organizations to exclude certain people as members.
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In the 6th amendments right to a trial by jury, requirements were made on the size of a jury. In 1898 it was said the the jury may not consist of more or less then 12 members. This constitiutional requirement was reconsidered in 1970 during the "williams v. Florida" case, when the jury size was reduced to 6 members. When the results would end in ties, the court upheld the state laws requireing 12 jury members and reduced it to 6 and the verdict should remain unanimous.

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Indiana Legal News - Latest Indiana Headlines, Top Stories, Breaking News - The Indiana Lawyer - theindianalawyer.com

Indiana Legal News - Latest Indiana Headlines, Top Stories, Breaking News - The Indiana Lawyer - theindianalawyer.com | Lexie Martin - Amendment 6 | Scoop.it
Legal news important to Indiana attorneys updated as it happens. Breaking news and in-depth coverage of laws, legal cases, law firms, Indiana courts, pro bono and legal aid, bar associations, law schools, and corporate counsel.
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"No new trial for defendant who discovered pitfalls of proceeding pro se"

Adrian Jackson was tried by a jury in an Indiana court and found guilty of criminal confinement, felony robbery, and felony battery. Jackson was then sentanced to prison for 30 years. When denied a "do-over" trial,  Jackson fought that this denial violated the right of his 6th amendment to counsel. Althought the court denied his request for a second trial, Jackson claims he only waived his right to the 6th amendment to make a point to the counsel.

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Supreme Court Cases

Supreme Court Cases | Lexie Martin - Amendment 6 | Scoop.it
Supreme Court Cases
2010-2011 Term
By Michael J. Bulzomi
A number of Supreme Court decisions of particular importance to law enforcement are summarized. Legal Digest.
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Michigan v. Bryant, Bullcoming v. New Mexico, Connick v. Thompson, Snyder v. Phelps, kentucky v. king, J.D.B v. North Carolina, Staub v. Proctor Hospital, and Thompson v. North American Stainless are all Supreme Court cases envolving the 6th amendment confrontation clause. The confrontation clause to the 6th amendment basically provides the right that in all criminal prosecutions the accused is provided the right to have a witness. These cases involve stories where the situation at hand does not violate the 6th amendment confrontation clause.

 

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Cunningham v. California | The Oyez Project at IIT Chicago-Kent College of Law

Cunningham v. California | The Oyez Project at IIT Chicago-Kent College of Law | Lexie Martin - Amendment 6 | Scoop.it
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Cunningham v. California

In California, former police officer John Cunningham was convicted for a 16 year sentance for sexually abusing his son. When given the choice of a minimum, medium, or maximum sentance, the judge provided the 16 year maximum due to aggravating factors found in the case. Cunningham later appealed the sentance using the example of the "Blakely v. Washington" case against the Supreme Court. Just like Ralph Blakely, Cunningham knew that his 6th amendment right to a jury trial was violated when the judge made his final discision.

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Amendment VI - Right to Speedy Trial by Jury, Witnesses, Counsel

Amendment VI - Right to Speedy Trial by Jury, Witnesses, Counsel | Lexie Martin - Amendment 6 | Scoop.it
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,...
Lexie Martin's insight:

The sixth amendment to the United States Constitiution states that in a criminal prosectuion, those who are sccused have the right to a speedy and public trial by jury. The trial must be held in the location in which the crime has occured, becuase the trial will be assessed by the laws that apply to that state and district. The defendant will be provided with an attorney or someone to help defend agains the witness that is testifying against them.

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Sixth Amendment: Speedy Trial by an Impartial Jury (1791) | Bill of Rights Institute

Sixth Amendment: Speedy Trial by an Impartial Jury (1791) | Bill of Rights Institute | Lexie Martin - Amendment 6 | Scoop.it
Americapedia Sixth Amendment: Speedy Trial by an Impartial Jury (1791) Defendants have the right to a quick trial by a jury of people who are not involved
Lexie Martin's insight:

The 6th amendment to the constitution guarentees the right to a speedy trial by a jury of people that are not involved in the case and who are not biased against them. The defendants trial must occur in the location where the crime being tried was comitted. These jury trials have there relations to colonial era, because many were outraged that the british did not provide them a trial, and within the declaration of independance, it accuses the king of voilating the right to a trial by jury and taking defendants away to england. The founders agreed that it was an important citizen responsibility to testify in court and serve on a jury.

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