Amendment+6+(revised)



 By: - Madison Boutureira - Amanda Graham - Alexa Schachinger

//compare with the issues they are ////applied to today? //
 * //Essential Question: //**//How do the issues which prompted the creation of the amendment //

" //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 where in 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. //"
 * __What does this amendment say? __**

A person accused of committing a crime has the right to a public trial with an impartial jury close to the time they committed the crime.
 * __<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">What does this mean? __**

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;"> <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">1.The right to a speedy trial <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">2. The right to a public trial <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">3. The right to be judged by an impartial jury <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">4. The right to be notified of the nature and circumstances of the alleged crime <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">5. The right to confront witnesses who will testify against the accused <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">6. The right to find witnesses who will speakin favor of the accused <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">7. The right to have a lawyer
 * __<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">The seven rights listed in the 6th amendment: __**

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">The sixth amendment was written into the constitution to protect the individual <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">rights (liberties)of anyone accused of a crime. It did this by making sure that <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">an accused person receives a fair process and is not unfairly sent to prison <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">without a proper trial.
 * __<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">Questions about the 6th amendment: __**
 * <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">1. Why was the sixth amendment written? **

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">If the accused person does not have a trial within the time frame they have committed the crime, the conviction will be thrown away without a possibility of another trial. Rarely do courts make this mistake. They do not want someone who is possibly guilty to walk away a free man. A person may not file a speedy-trial claim after the government has dropped all criminal charges against the person.
 * <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">2. What would happen if the accused person did not have a trial within the time frame ****<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">they have committed the crime? **

__<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">The defendant's rights are listed below: __
 * <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">3. What are the defendant's rights? **

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">1) A defendant is entitled to a trial in a reasonable period of time after he is arrested for a crime. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">2) A criminal defendant has an absolute right to be tried by a jury if that is his choice. An impartial <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">jury is one assembled from a pool of citizens, drawn by a lot, at random, from which a jury is selected. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">3) An accused has the right to be told of the specific crime which he is charged with to prepare for a defense. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">4) The confrontation clause of the sixth amendment ensures that "testimony" will never be admitted as evidence against a criminal defendant unless the testifier is face to face with the accused testifying. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">5) After arraignment, a defendant knows the charge against him. He has the right to prepare to defend himself and a witness is often needed to support the defendant. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">6) A defendant has the right to the assistance of a lawyer in his defense. This means that a defendant could not be denied a lawyer by the government. The defendant also has the right to a lawyer at public expense if they could not afford one.

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">An impartial jury is composed of jurors that are unbiased. Potential jurors are questioned by both sides to determine that no bias is found. If any bias is found, the jurors may be challenged. Another factor in determining if a jury is impartial is the nature of the panel from which the jurors are chosen. The panel must represent a fair section of the community and may not exclude any one group of the community.
 * <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">4. How do you choose an impartial jury? **

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">To recieve a death penalty you have to: <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">- cause, serious harm to the society and not hesitate to do more <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">- serial killings <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">- cause serious trauma to a victim <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">- serial rapist murders <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">- kidnapping abuse murders
 * <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">5. What would you have to do to receive a death penalty? **

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">Every criminal defendant has the right to be represented by a legal counsel. If you are unable to afford a private defense attorney because of their hourly rate of 300 to 400 dollars the court will appoint one to you and ask you for your financial records. The financial data will provide the judge proof that your are really unable to afford the attorney. Then the appointed lawyer will work on the governments expense. The judge determines whether or not you are qualified for a court appointed lawyer.
 * <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">6. How do you appoint a lawyer to the defendant? **



<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">Circumstantial Evidence and direct Evidence are the two types of evidences used in court both by the prosecution and the defense in oder to prove to the jury and judge their version of the truth.
 * <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">7. How does the evidence show what really happened without a witness? **

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">__DIRECT EVIDENCE INCLUDES:__ <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">- physical evidence of the crime <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">- documentary evidence <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">(recorded evidence of a crime on video, audio, or other reliable sources) <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">- witness testimony that includes hand knowledge of the crime in question

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">__CIRCUMSTANTIAL EVIDENCE INCLUDES:__ <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">- evidence in which an inference is required to connect it to a conclusion <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;"> of fact, like a fingerprint at the scene of a crime <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">- indirect evidence combining seemingly unrelated fact that when considered together, infers a conclusion logically and reasonably

If the prosecutor presents the drawn conclusion unlawfully or illogically the prosecution will fail on convincing the judge or jury that the defendant is guilty. Direct and circumstantial evidence must prove beyond reasonable doubt the guilt of a criminal defendant in order to elicit a conviction

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">Under the Public Trial Clause, friends and relatives of the accused person must be invited to come to the trial, but the right to a public trial is not forever standing. If parents, spouses and children prove to be disruptive during the trial, they will not be included in the trial. Young children may also not be included due to their lack of understanding of the law and they are easily agrivated. The judge has the right to do so, without a reason. Not all trials of informed of to the media, nor televised. Not often will cases be closed to all members of the media and public. In cases that have lots of public intrest due to the limited seating of the court, courts may ramdomly select citizens to attend the case. Some criminal cases become private when a child is asked to testify about and emotionaly charged issue. The defendant may also give up his or her right to a public trial in which all of the proceedings will be held privately.
 * <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">8. When can people be excluded from a public trial? **

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">The right to a speedy trial starts when a person is arrested or accused by a grand jury. Usually, charges have to be filed within 30 days of an arrest and a trial must take place within 70 days of the charges being filed.
 * <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">9. What is reasonable time frame to go to trial after being arrested? **



<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">The person accused of a crime will be fingerprinted, photographed and put in a holding cell. They will stay there until their first appearance in court. They may also be released on bail, which is when someone pays money to allow the accused person's temporary release.
 * <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">10. Does the person accused of committing a crime stay in jail while they ait for their trial to occur? **

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">1) States do not require unanimous verdicts in certain cases. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">2) In most cases, judges and juries disagree on the verdict. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">3) Juries never impose sentences after reaching verdicts. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">4) Judges can be called for jury duty. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">5) The Constitution guarantees you the right to a jury trial only in criminal cases. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">6) Television cameras can be present during a trial, even if the defendant objects. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">7) All federal juries require unanimous votes. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">8) Over 90 percent of all cases never come before a jury.
 * __<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">True or False: __**

<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">1) True - Twenty-nine states allow less than unanimous verdicts in <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">certain civil cases and five states in certain criminal cases. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">2) False - Studies have shown that they agree at least 80% of the time. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">3) False - Thirteen states require jurors to pass sentence on those they <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">have convicted of crimes punishable by death. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">4) True - In some states, especially those using "one day/one trial" juries. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">5) False - The Seventh Amendment provides for jury trials in civil cases. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">6) True - If state rules explicitly permit it. See Chandler v. Florida (1981). <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">7) True. <span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">8) True - Most cases are plea bargained, settled, or tried before a judge.
 * __<span style="color: black; font-family: 'Arial','sans-serif'; font-size: 13px;">Answer key __**



Fun Fact #1 The framers of the Constitution were all too familiar with the ways a tyrant deals with imprisoning people: if you had a different opinion than the king in power, you were imprisoned; if you tried to speak up against the king, you were imprisoned; etc. Our founders wanted to secure that this would never happen in America. Our founders brilliantly did so with seven elements in the Sixth Amendment to our Constitution.

Fun Fact #2 The first element to the Sixth Amendment is that of a Speedy Trial. By requiring that an accused citizen have the right to a quick trial, our founders ensured three things:
 * 1) The right to a Speedy Trial prevents the accused from going through a lengthy period of confinement before their trial.
 * 2) The right to a Speedy Trial shortens the time frame in which public accusation can build up against the accused before the trial takes place.
 * 3) The right to a Speedy Trial ensures that so much time does not pass as to result in the defendant not being able to defend his/herself due to the sickness, death, or loss of memory of a witness.

Fun Fact #3 The second element to the Sixth Amendment is that of a Public Trial. There are two points that reveal the importance of a Public Trial:
 * 1) A Public Trial is uniquely different from any other form of trial as it allows the media, press, and the public to watch on and record the trial.
 * 2) The Public Trail dates back before English common law and “possibly even before the Roman legal system”. A public trial (instead of a private trial) has been used as a tool to prevent the government from using the court systems in corrupt ways to imprison innocent people in private.

Fun Fact #4 The third element to the Sixth Amendment is that of an Impartial Jury (or a fair and unbiased jury). Just like the Public Trial, an Impartial Jury is dated back to ancient times. However, in the case of an American Impartial Jury there are three requirements:
 * 1) The normal size of a jury is assumed to be twelve people. A jury on a state criminal trial, however, can be made up of as little as six people. In Ancient Greece the number of jurors on criminal cases could number up to 500 persons!
 * 2) Other than the size of the juries the only other requirement is that the jurors be free of prejudice and bias against the defendant. They should be a representation of the population from which the accused person inhabited at the time of the crime.

Fun Fact #5 The fourth element to the Sixth Amendment is that of a Notice of Accusation. The Notice of Accusation is another element that makes America’s court system uniquely different from the rest. What is a Notice of Accusation, though? Why is it so important?
 * 1) Under the Sixth Amendment to the United States Constitution, it is law for the government to explain the charges that are being held against the accused individual.
 * 2) The government must also outline the charges and explain in explicit detail all the charges held against the individual so that the individual will have the opportunity to defend his/herself against the charges.

Fun Fact #6 The fifth element of the Sixth Amendment is called the three C’s (Confrontation, Compulsory Process, & Counsel). The first is Confrontation.
 * 1) Confrontation allows the defendant to cross-examine the witnesses who have testified against him/her in front of the jury.
 * 2) Confrontation, like the Impartial Jury and Public Trial, predate the English legal system.

Fun Fact #7 The sixth (and second to last) element to the sixth amendment is the Compulsory Process. Compulsory Process is also the second C in the C trio. You may be wondering, “What in the world does Compulsory Process mean?
 * 1) The Compulsory Process allows the defendant to summon witnesses who will testify on their behalf. The interesting detail of the Compulsory Process, however, is that the state can subpoena the witness (or force the witness to come before court) even if he wishes not to.
 * 2) If the Compulsory Process was not incorporated in the Sixth Amendment, a person who knew facts that would lead to the accused individual’s innocence could simply wish to not become involved in the case and refuse to go before court, then possibly leading to a false accusation against the accused individual due to lack of evidence.

Fun Fact #8 The last element to the Sixth Amendment, the last C, is that of the right to a Counsel. The right to a counsel includes the right of the accused individual to hire an attorney of their choice to represent them in a criminal case.
 * 1) The framers ensured to any accused individual, by writing the sixth amendment, the right to hire any attorney they choose to represent them.
 * 2) They not only thought it important for them to have any type attorney represent them, but they thought it important that the accused individual had the right to hire the best attorney.

__//**The sixth amendment to the Bill of Rights promises to any accused individual seven elements that secure a fair and**//__ __//**unbiased trial in court.**//__

__//**CURRENT EVENTS:**//__ Mayor Bloomberg’s ex- consultant gets prison time regardless that he admits his guilt. John Haggerty, age 42 was a consultant for the Republican Party for Mayor Bloomberg and convicted of stealing money from the campaign funds of Mayor Bloomberg. John Haggerty’s trial lasted almost a month. The trial also exposed some of the Mayors very expensive spending habits even though Mayor Bloomberg testified at the trial as a witness for the government. However, Haggerty lied to campaign donators about what he was going to use the money for. Instead of setting up Election Day voting security operations, he bought himself a home. John Haggerty was charged and convicted with stealing $750,000 from Mayor Bloomberg’s $110 million dollar campaign. On Monday, John Haggerty, while at his sentencing hearing admitted his guilt to Judge Zweibel of State Supreme Court in Manhattan. John Haggerty stated he knew this ruined his otherwise good career and name in politics. Mr. Haggerty’s lawyers tried to explain to the judge that he stole the money to buy his family’s home so he could save what little family life he had known. One lawyer tried to explain it as a crime of emotion. His lawyers also read out loud some of 40 letters sent to the judge on behalf of John Haggerty and his good reputation before this mistake. The trial ended with a conviction of guilty to second-degree grand larceny and money laundering. John Haggerty was given a 4 to 12 year prison sentence.

In my opinion, justice was served. The trial allowed for evidence, defense and obviously the justice system worked because he was found guilty before he admitted it during the sentencing. I was not surprised to hear people stealing in politics but I was surprised to hear a lawyer explain it as a crime of emotion. There are plenty of people who want to buy a home, people who cant afford the homes they have, and people who will never know what it is to own a home. But to have a political consultant steal money to buy a home, lets hope he is not consulting others to do the same. I was also surprised to read that Haggerty thought he could steal $750,000 and not get prison time. He thought all his good work and life before this mistake could cover for this bad decision. I guess he thought he was too good to borrow money for a home like everyone else does.


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__**death penalties examples url**__ http://triad.news14.com/content/local_news/649763/convicted-killer-danny-hembree-sentenced-to-death http://abclocal.go.com/kabc/story?section=news/local/orange_county&id=8447751 [|www.nytimes.com/2011/12/20/nyregion/john-haggerty-gets-prison-for-stealing-bloomberg-election-funds.html?ref=nyregion]