In this paper, I will discuss and describe the key elements and the rights to a speedy trial, the right to an impartial judge and the right to an impartial jury. According to the United States Constitution, the Sixth 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; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Every criminal who has been arrested, detained or charged with a crime has the right to a public or speedy trial within a reasonable time. Some people may believe that the right to a speedy trial is the most human right of an accused person. The advantages of having a speedy trial are the excessive incarceration (meaning too many people in jail), embarrassment to the accused (public humiliation) and damaged to the defendant’s case (evidence could be lost or destroyed).
The longer it takes for the trial to begin, the more likely the witness will forget the significant details of the case. A witness can move from the state where the crime was committed, be threaten along with their family members and even die from an unexpected illness, so having a speedy trial would be beneficial for the prosecutor. Having a speedy trial can also save money for the government. Once the defendant goes to trial, he can be found innocent Jury Trial Analysis 3 and the government will not have to pay thousands of dollars for his meals, medical, and boarding. The Fourteenth Amendment guarantees criminal defendants the right to trial by an impartial judge.
An impartial judge should have honesty, morals and integrity. A judge reads the rules and ensures that they are followed. A judge violates the Fourteenth Amendment by having direct or personal interest in reaching a verdict against the defendant in a case they are presiding over. If this happens, that judge can be fined and removed from the case. Only another judge can remove a judge if biased by a judge is found. In most cases if a judge feel they are being biased to a case, they will remove themselves from the case.
A judge should make sure the courtroom proceedings are followed according to the Constitution. The right to an impartial judge applies in two situations, the first is a bench trial, in which the judge decides the defendant’s fate instead of a jury, and a jury trial in which the judge makes legal decisions and not factual ones. The Sixth Amendment allows defendants to a jury pool that signifies a fair cross section of the community. From the jury pool, also known as a venire, a panel of jurors is selected to hear the case through a process called Voir Dire.
During questing, the ruling judge, the prosecution, and attorneys for the defense are allowed to ask members of the jury a variety of questions intended to reveal any hidden biases, prejudices, or other influences that might affect their impartiality. The jurors who are ultimately impaneled for trial need not represent a cross section of the community as long as each juror maintains impartiality throughout the proceedings (legaldictionary. com). Jury Trial Analysis 4.
If a juror has any connections or history dealing with anyone involved in the case can affect their ability to be impartial, therefore this can be a reason to remove the juror. For example, a juror can be affected for cause if he or she has been a victim of a similar type of crime. If the criminal charge is rape and the person was previously a victim of rape, the criminal defense lawyer will ask the judge to excuse the juror. Once the jurors have been picked, the case is ready for trial.
There must be assurance that the juror’s chosen are unbiased, and ready to decide the case on the basis of the evidence presented. Both the prosecutor and defense attorney will make their opening statement about their client. This will give the jury and judge a complete summary of what both sides will intend to prove during the trial. Once opening statements are complete, the prosecution will start to call witnesses that he or she believes will assist in proving the case. The jurors cannot talk with their families about the case, read the newspaper, listen to the radio or watch television.
The reason behind this is it could sway their decision on what people are saying and writing in the newspaper. Once the prosecutor and defense attorneys have finished with their closing arguments, the juror can start considering all of the evidence that has been shown to them. If a violation of a defendant's right to an impartial jury does occur, however, when the jury or any of its members is subjected to pressure or influence which could impair freedom of action; the trial judge should conduct a hearing in which the defense participates to determine whether impartiality has been undermined (justia.com).
In conclusion everyone is entitled to the right to a speedy trial, the right to an impartial judge and the right to an impartial jury. If any of those rights are violated, the case can be dismissed. I have pointed out that the right to a speedy trial and the right to an impartial jury is Jury Trial Analysis 5 covered under the Sixth Amendment and the right to an impartial judge is covered under the Fourteenth Amendment. Criminals have the right to be treated fairly regardless of their race, gender, religion or background.
Jury Trial Analysis 6 Reference Find Law. (2014). Sixth Amendment-Rights of Accused in Criminal Prosecutions. Retrieved from http://constitution. findlaw. com/amendment6. html http://legal-dictionary. thefreedictionary. com/Speedy+Trial http://legal-dictionary. thefreedictionary. com/Right+to+Trial+by+an+Impartial+Jury http://law. justia. com/constitution/us/amendment-06/07-impartial-jury. html Worrall, J. L. (2012). Criminal Procedure. From First Contact to Appeal, Fourth Edition. Chapter 13: Rights at Trial. Retrieved from University of Phoenix.