The Sixth Amendment In Modern American Jurisprudence
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Author | : Alfredo Garcia |
Publisher | : Bloomsbury Publishing USA |
Total Pages | : 254 |
Release | : 1992-05-26 |
Genre | : Law |
ISBN | : 0313066914 |
Alfredo Garcia, who has been both a prosecuting and a defense attorney in criminal processes, reviews the United States Supreme Court's interpretations of the Sixth Amendment--the right to a fair trial--as they have evolved since the 1960s. He determines that the Court, with a few notable exceptions, has demonstrated doctrinal inconsistency and has failed to adhere to the core values embedded in the amendment. Garcia argues that the functional and symbolic roles of the Sixth Amendment have been eroded, and that this is particularly evident in the three clauses that provide defendants the means to respond to charges and to be assured of fair process. The clauses considered specifically involve the right to counsel, the right to confrontation, and the right to compulsory process. The Supreme Court's emphasis in more recent years is perceived to be on efficiency rather than on protecting the ideal of a fair trial. The six chapters cover the rights to counsel, to confrontation, to compulsory process, to a speedy trial, and to a jury trial, and the sometime conflict between a free press (First Amendment) and the Sixth Amendment assurance of a fair trial free of antecedent prejudicial publicity. This is a timely, much-needed, and substantive examination of the highest court's interpretations of a defendant's constitutional right to a fair, speedy trial.
Author | : Paul Marcus |
Publisher | : |
Total Pages | : 249 |
Release | : 2016 |
Genre | : Criminal procedure |
ISBN | : 9781634254045 |
The right to a speedy trial -- The right to a public trial -- The right to a jury trial -- Place of prosecution -- The right to be informed of the nature and cause of the accusations -- The confrontation clause -- The compulsory process clause
Author | : |
Publisher | : |
Total Pages | : 1532 |
Release | : 1981 |
Genre | : Law |
ISBN | : |
Author | : Therese M. Shea |
Publisher | : The Rosen Publishing Group, Inc |
Total Pages | : 66 |
Release | : 2011-01-15 |
Genre | : Law |
ISBN | : 1448823277 |
This book is an introduction to the Sixth Amendment which empowers the people as it guarantees rights to an accused person in criminal cases.
Author | : Francis Howard Heller |
Publisher | : |
Total Pages | : 212 |
Release | : 1951 |
Genre | : Constitutional amendments |
ISBN | : |
Author | : Shima Baradaran Baughman |
Publisher | : Cambridge University Press |
Total Pages | : 331 |
Release | : 2018 |
Genre | : Law |
ISBN | : 1107131367 |
Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
Author | : Eden Force |
Publisher | : |
Total Pages | : 148 |
Release | : 1991 |
Genre | : Juvenile Nonfiction |
ISBN | : 9780382241840 |
Studies the historical origins of provisions of the Sixth Amendment, which guarantees certain rights of trial to persons accused of crimes.
Author | : Milton Konvitz |
Publisher | : Routledge |
Total Pages | : 278 |
Release | : 2017-07-12 |
Genre | : Law |
ISBN | : 1351518313 |
One of the most important modern developments in American constitutional law has been the extension of the Bill of Rights to the states. The most important guarantees of the first eight amendments have been incorporated into the Due Process Clause of the Fourteenth Amendment, along with the doctrine that these are rights that are so "fundamental" that any restriction is subject to judicial "strict scrutiny." The process has nationalized fundamental rights, giving them a preferred dignity and majesty. In this volume, the renowned constitutional scholar, Milton Konvitz, traces the development of fundamental rights from the early days of American jurisprudence through twentieth-century cases involving the right to privacy, racial discrimination, voting rights, censorship, and abortion laws. In Konvitz's astute view, the Bill of Rights in the Constitution of the United States, like the Ten Commandments, places no priority among protected or guaranteed rights. He argues that values, ideals, rights, liberties, and privileges need to be placed in a hierarchical order or scale. The Supreme Court, acting on a case-by-case basis, has slowly and cautiously moved to designate some rights as superior to others. This idea that some rights are of a "fundamental" nature, while others are not, can be traced back to the early days of the nation's government. Konvitz shows that there may be said to be not one, but two or even three bills of rights, one for the Federal government and one for the States. Still another, may be an unwritten but evolving Bill of Rights. The Court has recognized rights or liberties that are in no written constitution, as for example, a right to marry, a right to have a family, a right to choose education of one's children in a private, even a religious, school, rather than a public school. In an illuminating fashion, Konvitz, whose writings have been cited in Supreme Court decisions, traces the controversial and very uneven line of development of
Author | : Alfredo Garcia |
Publisher | : Praeger |
Total Pages | : 254 |
Release | : 2002-10-30 |
Genre | : Law |
ISBN | : |
The Fifth Amendment is typically equated in both popular and legal discourse with the privilege against self-incrimination. This concept, Garcia reminds us, represents an incomplete view of the amendment. Often forgotten are the other two criminal clauses embodied in the text of the amendment: the right to a grand jury indictment for a serious crime and the freedom from double jeopardy for the same offense. Garcia emphasizes the relationship among these criminal protections. Historical developments suggest that these seemingly disparate provisions have common threads: to provide constitutional protection for all trial-related rights. Underlying these constitutional provisions is the need to check the potential abuse of governmental power over the individual. Indeed, this theme permeated the historical backdrop to the Fifth Amendment. Finally, Garcia examples the practical ties of these clauses. The right to a grand jury indictment, the privilege against self-incrimination and the protection against double-jeopardy represent points in the continuum of the criminal justice process. An important resource for scholars and students involved with Amerian constitutional law, criminal justice, and criminology.
Author | : Rich Smith |
Publisher | : ABDO Publishing Company |
Total Pages | : 34 |
Release | : 2007-08-15 |
Genre | : Juvenile Nonfiction |
ISBN | : 1617842575 |
Examines the Sixth Amendment, explaining your right to a fair trial.