Legal Rights During Trial

Only available on StudyMode
  • Download(s) : 218
  • Published : March 19, 2013
Open Document
Text Preview
LEGEL RIGHTS DURING TRIAL

Legal rights during trial are the fundamental principle of fairness in all legal matters, both civil and criminal. All legal procedures set by statute and court practice, including notice of rights, must be followed for each individual so that no prejudicial or unequal treatment will result.

The right to an impartial jury: means the defendant, according to the Constitution (Article ш, section 2) and the Bill of Rights (sixth amendment) has the right to be tried by a jury of his/her pears and they must do so unbiased and just. What this means is they must set their own personal feelings aside and judge the defendant on the merits of the law and the evidence presented. It is my opinion that when the “Framers “of the Constitution made this right into law they meant, “ALL DEFENDANTS” regardless of being charged with misdemeanors of felonies had the right to an impartial jury in “ALL” criminal prosecutions. Not upholding this right allows the deck to be stacked against the accused. It would give the prosecution and the judge to much power and make the legal process one sided. Checks and balances within the legal system would be no more.

The right to a speedy trial: the Sixth Amendment to the U.S. Constitution gives the accused the right to speedy and public trial. Usually there is a 120 day clock that starts with pretrial confinement. But prosecutors and defense lawyers use delay tactics. Usually it’s in the best interest of the accused. But if a defendant believes his right to a speedy trial has been violated the court must decide: the length of delay, the reason for the delay, and the accused’s assertion of his right, and the prejudice suffered by the accused on account of the delay. The right to an impartial judge: The idea that judges must be neutral arbiters, although it’s not in the Constitution, every defendant should enjoy this right. As one famous chief justice said, “judges should be umpires who impartially call balls and...
tracking img