4 February 2013
Mrs. Badiuk’s Dilemma
As your defense attorney I plan to prove your innocence. After reading the statement from that night I noticed many rights were violated. First I noticed that the police violated the 5th amendment when they beat you until you admitted to the crime. The 5th amendment protects all people from self-incrimination, and that is what happened to you. Also by setting the bail to $25,000 the 8th amendment was violated. The bail amount was too excessive and you couldn’t pay it. The 6th amendment states that the accused shall enjoy the right to a speedy and public trial. In your case this didn’t happen considering you remained in jail until your trial date which was over two years later. Also stated by the 6th amendment the defendant has the right to be represented by an attorney and you were not. The 4th amendment should have protected your house from being searched without a warrant, but it was searched anyways.
On your trial date there were also multiple violations to the constitution. By having the jury consist of six department store executives and six students you failed the 6th amendment was not considered. The 6th amendment calls for an impartial jury of the state. The 4th amendment was violated when the merchandise found in your house was used in court. The 4th amendment states that evidence gained as the result of an unlawful search or seizure cannot be used at the court trial of the person from who is was seized. When Mr. Greenberg got you to be retried and later found guilty the 5th amendment should have prevented you from being tried on the same offence twice. The 8th amendment didn’t protect you from excessive fines or sentencing.
Please join StudyMode to read the full document