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Criminal Justice and Constitutional Rights

Southern New Hampshire University CJ 112 Module Three Assignment Template Prompt Student Response Amendment: Choose the Fourth, Sixth, or Eighth Amendment Amendment: The Sixth Amendment Summary: In 100-150 words. summarize the Summary: amendment you chose. Be sure your The Sixth Amendment gives the implication that under all criminal proceedings before the summary includes all rights given to court of law, the accused essentially ought to be considered innocent until proven guilty by the citizens in that particular amendment. processes of the court. Prior to being proven guilty (if at all they will) the accused has rights. These rights are divided into clauses which state the following; The accused has the rights to enjoy a speedy public trial. Here the constitution compels the court to ensure that the defendant needs to be subjected to no unnecessary delays. The accused under all circumstances in a criminal proceeding remains to have the rights to a lawyer, an impartial jury or judge to preside over their case (Bekker, 2005). The defendant also has the rights to know the person who accuses him of a crime and in this regard be informed on the nature of charges levelled against him, and the evidence that is purported to support these charges. It is also important to identify that rights to a speedy trial is subjected to the nature of the case. In Barker V. Wingo, the Supreme Court defined that the length of a speedy trial is outlined on a case-to-case basis stating that there are three important factors to be considered one that there is always a societal interest within any case which may not work in the interest of the accused. As such, by not offering a speedy trial the courts may work in the interest of the accused. This is especially if the accused depends on witness's memory which when subjected to time become unreliable (Marcus, 2008). Finally, time is vague, and the courts cannot define how long in the interest of balancing speedy and justice and fairness. Citizens' Rights: Citizens' Rights: Identify a real-world example of where citizens' rights under the Bill of The Sixth Amendment rights identify that the accused has the rights to know their accusers, Southern New Hampshire University Prompt Student Response Rights may not be guaranteed. (Clearly explain where citizens' rights could conflict with the intention of criminal justice professionals to ensure safety.) and in so doing be informed of the nature of charges levelled against him. It also identifies that the accused has the right to know the evidence that they have used to present them as a guilty party. This implies that the defendant's lawyer has the right to question and evaluate the truthfulness and accuracy of the evidence outlined. In Mattox v. United States, the courts allowed into evidence testimonies given by dead witnesses if it was done in front of an official of the court. This incidentally does not work to allow cross examination (under the confrontation clause) of the witness, and in some