the bill of rights the 6th & 7th amendment€¦ · what is the sixth amendment? ! “in all...
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The Bill of Rights The 6th & 7th Amendment
What is the Sixth Amendment & what does it include? What is the Seventh Amendment & what does it include?
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What is the Sixth Amendment? n “In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury…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 [or her] defense…”
n Themes: n Right to a speedy / public trial n Right to a trial by jury n Right to have witness / to have counsel
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Where did the Sixth Amendment originate?
n During the Revolution, American were held, without trial, by the British
n The Founding Father wanted to avoid such examples of justice
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What is my right to a “speedy & public” trial? n Under the 6th
Amendment, you have the right to a “speedy & public trial” n “Justice delayed is
justice denied”
n If a trial does not meet this, the charges must be dismissed
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“Innocent Until Proven Guilty”
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What does it mean to have a “public” trial? n The Founding Fathers
believed that trials had to be open to the public to ensure fairness n No secret trials
n During the Revolution, the British conducted private treason trials
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Can a Trial be Too Public?
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Can a public trial be a problem for justice?
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What does a “trial by jury” mean? n All major trials must be
overseen and decided by a jury n 12 people n “peers”
n Jurors are selected through a process called “voir dire” n Questioned by both
attorneys
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12 Angry Men (1957)
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Are juries a thing of the past?
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Runaway Jury (2003)
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What are witnesses expected to do under this amendment?
n Witnesses may be called to testify both for / against a defendant n Brought to court by
subpoena
n Witnesses must answer truthfully / answer questions from both attorneys
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What is “my right to counsel”? n As a defendant you
have the right to a lawyer to represent you in court n Gideon v.
Wainwright (1963)
n Lawyers can be present at questionings / at trials
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Right to a Lawyer…but does everyone need one?
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Clarence Earl Gideon Gideon v. Wainwright (1963)
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What is the 7th Amendment? n “In suits at common law, where the value in
controversy shall exceed twenty dollars, the right of trial by jury shall be 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…”
n Themes: n Trial by jury still exists in civil cases (non-criminal cases) n Civil cases decided by juries cannot be “re-examined”
in any other court
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Where did the 7th Amendment originate?
n Prior to the Revolution, states handled their own court cases n Local juries
n During the ratification process, states feared that their local juries would be overruled by Federal juries n Compromise
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How is the 7th Amendment used today?
n For the most part, the 7th Amendment acts as a civil jury’s “double jeopardy” n Verdicts are final and
cannot be reversed
n Open to interpretation n No Supreme Court
rulings
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The OJ Simpson Civil Trial