...Everyone has the right to an impartial jury, our United States Constitution guarantees it. Without this right someone could go to jail or be convicted of a crime they did not commit for the simple fact that the judge has all the power in their hands. Race, gender and religious beliefs could cloud their judgement. An impartial jury gives you the right to a fair trial. When the king deprived us from our natural rights, the Declaration of Independence recognized the importance of the right. In all criminal prosecutions, the accused shall enjoy a 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. Some words that may need to be defined are impartial; a jury that is not bias and will give a fair verdict based on fact and ascertained means to find out for certain. Criminal prosecution is the conduct of legal proceedings against a defendant for criminal behavior. The right to an impartial jury is important to our freedoms because it allows the trial to go on with unbiased opinions about the particular situation. An impartial jury should not be related to the victim nor the accused. They should have no background knowledge and put their personal opinions aside, that is what makes it fair....
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...In this first I & A assignment I will look into a New Mexico teenager’s crime and his ability to receive a fair and impartial trial. An Albuquerque, New Mexico teen is accused of the shooting deaths of his father, mother, brother, and 2 sisters’. The facts lead many to believe that these killings were cold blooded and preplanned. The question is if this teenager will be able to receive a fair trial by jury from the public in such a high profile case. The case of the Albuquerque, NM teenager that is accused of killing his father, mother and 3 younger siblings is a complex case which will draw a large amount of emotion when the case goes to trial. The teenager is likely to not get a fair trial in the Albuquerque metro area as well as the State of New Mexico. A few factors come into play when you look at the allegations facing this young man. From the KRQE news article the Father seemed to be some what of an important member of the community. I drew this conclusion due to the fact that he was killed after returning home from work at the rescue mission. Rescue Missions mainly rely on community involvement and support to operate. This means lots of connections within the community. That fact also is that a Rescue Mission’s one goal is to help others. The father didn’t work as a bill collector or telemarketer, which will draw sympathy from the general public. In fact in another news article the father is noted as being a well-known Chaplain in the community. Another damaging fact...
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...a result of the Gideon decision. Gideon himself was not freed instead got another trial. Gideon chose W. Fred Turner to be his lawyer for his second trial. The retrial took place on August 5, 1963. The Sixth Amendment states that, “The accused shall enjoy the right to a speedy and public trial, by an impartial jury.” The Warren Court extended an unprecedented array of rights to criminal defendants, including the right to an attorney during questioning, the right to remain silent during arrest and questioning, and the right to be informed of these rights. From Florida State Prison, he filed an appeal seeking vindication of his rights by the Supreme Court. It was at that point that Mr. Gideon caught a lucky break: his assigned counsel on appeal was Abe Fortas of the firm Arnold, Fortas & Porter, who would later become a Supreme Court justice. The U.S. Supreme Court held that criminal defendants in state courts, who could not afford their own legal counsel, had to be provided such counsel free of charge. This rule arose from the Sixth Amendment to the U.S. Constitution, and was held to apply to the states through the Fourteenth Amendment. The right to counsel previously existed in various forms for many years in federal court. After Gideon, it was brought to cover all state courts as well. The Court held that the Sixth Amendment’s guarantee of counsel is a fundamental right essential to a fair trial and, as such, applies the states through the Due Process Clause of the Fourteenth...
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...should a judge exercise to limit news reports before and during a trial if such publicity might hurt a defendant’s chances for a fair trial?” in chapter seven, are the First and Sixth amendments. The First Amendment entails the right to free speech and free press. The amendment also includes the establishment of religion, the right to peaceable assemble, and right to petition the government. This relates to the problem presented, due to the news coverage of trails and how positive and negative coverage could potentially impact the person’s right to a fair trial as established in the Sixth Amendment. The Sixth Amendment details a citizen’s right to a speedy, fair and public...
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...the United States as well as its patrons. The paper will also provide a break down of advantages and disadvantages on the jury selection process. In addition to the information listed above, we will review some large profile court cases and its jury selection process. This will determine just how detailed and challenging the process can prove to be. The criminal trial process is a precaution that the United States Government has in place in order to protect the patrons of this country constitutional rights. By using the criminal trial process, they ensure that each civilian is offered a far and speedy trail. The criminal trail process has a number of different steps in order for it to flow seamlessly. The steps of the criminal trial process are as follows: trail initiation, jury selection, opening statements, presentation of evidence, closing arguments, judge’s charge to the jury, jury deliberations, and the verdict. Within this body we will be reviewing the jury selection process within detail. Within the Sixth Amendment of United States Constitution it points out that a citizen has the right to an impartial jury, which means the defendant should have a jury of peers that are unbiased to his or her particular case. In order to select such a jury, the prosecution and the defense begins the jury selection process. Potential jurors are chosen from a pool civilians produced by random selection from a list of registered voters, or combined lists of voters and drivers...
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...discover racial bias after the verdict. Here are some other reasons why post-verdict testimonies are constitutional and ensures a fair and just trial. RULE 606(B) GOES AGAINST THE SIXTH AMENDMENT. The sixth amendment of the constitution sets rights that set rights when it comes criminal persecution. It can be argued that Rule 606(b) is unconstitutional because it violates a lot of provisions that is provided by the Sixth Amendment. The right to have an impartial jury and the right to present a defense/Compulsory Process Clause can be compromised if Rule 606(b) is not set aside when there is racial bias or any other bias contributing to the jury verdict....
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...Jury Trial Analysis When an individual is charged with a crime, he or she becomes a criminal defendant. The United States Constitution provides these criminal defendants a number of rights that limit the fashion in which the government can investigate, prosecute, and penalize criminal behavior. These include, but are not limited to, the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have the right to a public trial. This ensures that the government will not carry out any hearings in secret that may violate the individual’s constitutional rights. There are times when the court will hold a closed hearing to protect the identity of a victim, such as a minor. A criminal defendant also has the right to be tried by a jury of his or her peers. The type of jury varies from state to states but these juries are made up of members of the community that have been randomly designated by the court and chosen by attorney for both the prosecution and the defense. This leads the criminal defendant into the right to ask for a swift trial. The most intricate premises of the criminal justice system are that when justice is delayed, it is denied. The right to a swift and speedy trial is essential in a structure that places equality and integrity above all else (FindLaw, n.d.). Diligent trials promote civility within the criminal justice system. A speedy trial is one that is without any postponements. The Sixth Amendment...
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...I do not believe this trial should have been moved out of Massachusetts. Judith H. Mizner, a public defender for Dzhokhar Tsarnaev believe the trial should have been moved to another state. Her argument was that “this was an extraordinary case, saturated with “inflammatory” pretrial publicity, in which most people in the jury pool had “six degrees of connections” to the case and might not even be aware of what may affect their ability to be impartial” (SEELYE, Feb 19 2005, Para 5). While she had a valid point that the majority of eastern Massachusetts residents had a connection to this case, she fail to speak about sixth amendment in full details. Mizner believe her client Tsarnaev had the right to a speedy trial and impartial jury. The most...
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...Jury Trial Analysis CJA/364 Jury Trial Analysis In the United States citizens are given certain rights when they are accused of a crime and are facing a trial. They have the right to a speedy trial, this it to avoid a person being charged with a crime them spending a prolonged period incarcerated prior to conviction. They have the right to an impartial jury. Jurors are interviewed by both the prosecution and the defense to endure that the defendant is not known to them and that if the potential jurors do have any knowledge of the crime, gained via the media or sources other than personal knowledge. Defendants are also entitled to an impartial judge. Judges are held to a higher standard that than of people in other jobs. They are required to put aside personal opinions and make decisions based solely on the facts as they are presented in court. The Right to a Speedy Trial The Sixth Amendment to the United States Constitution guarantees a person accused of a crime the right to a speedy trial. The Founding Father of the United States added this amendment to the Constitution for two reasons, ("The Free Dictionary", 2014). First they wanted to prevent those accused but not yet convicted of crimes from spending a long period of time incarcerated when they have not been found guilty of it yet. The second reason was the fear that if the trial was delayed the memories of witness could fade, witnesses themselves could disappear, and evidence could be lost. While both...
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...Monday, Wednesday Class #38 STATE OF LOUISIANA * DOCKET #: 10-3811 Division “J” * VERSUS * 19TH JUDICIAL DISTRICT COURT * DARRYL HUNT * PARISH OF NEW ROUGE POST-TRIAL BRIEF IN SUPPORT OF THE DEFENDANT’S MOTION FOR NEW TRIAL _________________________ TABLE OF AUTHORITIES Statutes U.S. Const. amend. XIV………………………………………………………………5 LSA-C.Cr.P. Art. 797………………………………………………………………..10 Cases Batson v. Kentucky, 106 S. Ct. 1712 (1986)…………………………………………10 State v. Jones, 09-0751, (La. App. 1 Cir. 10/23/09) (unpublished)…………………..6 State v. Prejean, 09-0878, (La. App. 1 Cir. 10/27/09) (unpublished)………………..8 Books The American Heritage Dictionary of the English Language, 101 (Fourth ed., Houghton Mifflen Co. 2009)………………………………………………………....7 Periodicals 23 S.C.Jur. Jury § 30 (2010)………………………………………………………….7 Other David Schepp, BBC, Gold Teeth Are a Gold Mine, http://news.bbc.co.uk/2/hi/business/1471097.stm (posted August 3, 2001, 4:51 p.m. GMT)…………………………………………………………………………………7 Ghetto. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/ghetto (accessed April 18, 2010)...........................................7 Nigger. Merriam-Webster Online Dictionary. http://www.merriam-webster.com/dictionary/nigger (accessed April 18, 2010)............................................
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...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 (Sixth). When looking into the Pena-Rodriguez v. Colorado case Rodriguez was finding fault with being guaranteed a fair jury. He found this fault because after he was found guilty from the trial two jurors informed Pena-Rodriguez’s counsel that one of the juror’s chosen was making racial statements regarding Pena-Rodriguez and the alibi witness during the...
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...In the film, (Runaway Jury, 2003) the issue of jury tampering and ethical dilemmas are examined. The 6th Amendment guarantees the right to a speedy and public trial by an impartial jury. In the beginning of any trial a jury is selected and through the voir dire process, potential bias jurors are eliminated. Runaway Jury showed the process of voir dire but the ultimate goal of each counsel in the case attempted to create a pool of jurors that were more likely to vote in favor of their client. However, the unethical behavior by both parties involved, were not in line with giving the case a fair chance to be heard without the manipulation of outside influences. The rights of individuals exist because they can justify behavior and also places limitations on behavior (Williams & Arrigo, 2012). The rogue behavior continued on throughout the film because there was no real checks and balances to their behavior. Even when the judge ordered for the jury to be sequestered, the manipulation of the jurors continued. The rights we value play a critical role in the consideration of moral behavior, as well as how one responds to controversial legal, social and political issues (Williams & Arrigo, 2012). Gun control in the movie and in real life remains a hot topic issue, especially after tragedy strikes. Therefore, what we value personal...
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...The Media vs The World My face is glued to the television as I await the verdict that I had so anxiously wanted to hear for years. To no surprise, it was not a verdict we had all hoped for, partially due to the media. The Casey Anthony trial, is just one of the many that have fallen into the classification of a “media trial,” a loose term that describes the profound impact media coverage has on a person’s reputation by creating a pre-assumed perception of guilt or innocence, before, or after a case goes to court. This pre-assumed perception gives the general public, potential jury members, an impartial view on a court case, overall, influencing the system of American justice. This injustice, especially in high profile cases, happens when jury members, sometimes court officials, simply want to gain their “five seconds of fame.” Now an additional problem lies within the simple, yet complex, fight between the right of free press and the right to an impartial jury. Let’s face it, there is no such concept as an impartial jury, simply due to the media attention that trials receive these days. Within this main problem, lies many problems that interfere with the American idea of justice. Are we craving, and striving to find entertainment, or justice? One problem that stems from media that could possibly add to jury bias and court outcomes, it is what lawyers refer to as the “CSI Effect.” Named after the hit television show, this phenomenon describes the distorted view crime investigation...
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...Due Process June 20, 2011 Due Process Due Process, the fundamental of principles of fairness of legal matters, includes that of civil and criminal with court. Legal proceedings are set by law and court practices, this shall include the rights of a defendant must be adhered to by everyone so that there will be no prejudicial or unfairness or poor treatment is shown toward each party. (Hill, 2005) Some terms are guarded by its aim to protect private and public rights against unfairness. Due process of legal laws is found within the Fifth and Fourteenth Amendments of the Constitution of the United States. No person is to be deprived of life liberty, or property without due process of law. According to (United States Constitution Bill of Rights) No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Hill, 2005) due processes have two categories substantive and procedural due process. Substantive due process refers to the lamination of the matter...
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...Introduction “Trial by jury is… the lamp that shows that freedom lives” and that “each jury is a little parliament”. - Patrick (later Lord) Devlin. Jury system has survived in our country for almost 10 centuries. The core values, representativeness, resides in the ability made available for ordinary citizens to plays an important participatory role in the criminal process. It is generally accepted that the jury of ’12 good men and true’ lies at the heart of the British legal system. However, the misconduct in jury has become a vital issue as people starting to lose confidence with it. The importance of jury system Redmayne, a professor of law, said that it is arguably that twelve randomly selected individuals produce a broader range of experience and expertise than one single judge. Based on this, it is also arguable that jury trial will produce a fairer outcome than single judge as people cannot completely sure that judges will treat every single cases at a completely fair manner. ‘Fairness’ is what all the people demand, which is why we have jury trial and which survive for such a long time, but the precondition of jury trial is that it must provide an impartial trial. Jury trial holds public confidence as people assume that jury trial will bring a fair procedures and will produce fair outcomes. ‘Trust in the jury’ is very important as it is the strongest support that keep the jury system works and which is secured by the fact that it applies...
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