Reference no: EM133779560

Question:

There are many rights that a defendant has during a criminal trial. The 6th amendment describes these rights. The right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you, (Cornell Law School, 2017). The two rights I will be talking about is a right to have a lawyer and the right to a speedy trial.

The right to have a lawyer or counsel was based on the Gideon v. Wainwright. The right to counsel is a must in all criminal trials no matter if it state or federal. You can either be appointed an attorney if you cannot afford one or you can attain one yourself. Few people realize, however, that their constitutional right to a lawyer is limited in a number of significant ways, (Andrew Cohen, 2021). A lot of people do not know that you only have a right to counsel in felony and misdemeanor cases. This does not apply to civil cases. This was applied and ruled in Argersinger v. Hamlin (1972). Some of the reasons why a counsel is important in a criminal case is because of all the laws that are out there that society might not know about. Also, there are certain rules you must follow in trial. What you can say and not say, your attorney is supposed to help you through trial and not hurt your case. They are supposed to represent you to the best of their knowledge. This is why we are supposed to be represented. Just like the professor said in previous weeks, only a handful of people actually know our rights in the constitution. There was a study done Annenberg Policy Center about the constitution. It stated, "It is worrisome that one in six U.S. adults cannot name any of the branches of government and that only one in 20 can name all five freedoms protected by the First Amendment," says Kathleen Hall Jamieson, director of the Annenberg Public Policy Center and director of the survey, (Many Don't Know Key Facts about U.S. Constitution, Annenberg Civics Study Finds, 2023). What''s even more important to discuss, is that 80 percent of defendants cannot afford an attorney, so if only a handful of people know the rights that we have and laws that govern them.

A speedy trial is something that everyone strives for in a criminal court case. According to a lot of sources, criminal trials can last a few days to 3-4 months depending on the severity of the crime that was committed. The longest trial in United States history was 919 days and the shortest was 6 minutes. We have a right to a speedy trial because some people do not want to spend months going to court and they just want to get the trial over with. Some of the other reasons why that a defendant might want a speedy trial is it decreases the anxiety awaiting case conclusion and resolution. And it prevents undue and oppressive incarceration prior to trial. In Barker v. Wingo, the Supreme Court refined its approach to the Speedy Trial Clause by adopting a balancing test to govern claims of unconstitutional delay in prosecution, (Modern Doctrine on Right to a Speedy Trial, 2024). Barker was convicted of murder after 5 years between his indictment and his trial. Even though he was convicted of murder, it is what I said above, the wait and be anxious of the outcome at the end of the trial was not a speedy trial at all.

Mary-ann
Defendants receive numerous rights during a criminal trial, covered under the sixth amendment. This amendment allows for an individual to have the right to a public trial without unnecessary delay, the right to a lawyer, the right for an impartial jury, and the right to know who the accusers are/nature of the evidence against you. All of these are important, but my personal eye catchers are the right for an impartial jury and the right to know the accusers and evidence being used. These two specifically play a vital role in ensuring a fair trial is given to the defendant. It eliminates negative bias from potential jurors who may have been affected by the same crime, or positive bias if they take an extra liking to the defendant and know them personally. Additionally, knowing the accusers and evidence, allows the defense team to prepare their arguments and get their side in order with as little surprises as possible. The prosecution team is aware of what they are bringing to the table and it''s fair the defense team knows as well. This also applies to the defense team, as anything they discover must be shared with the prosecution team-supporting both the plaintiffs side and defendants.