Speedy Trial Vs Fifth Amendment
The United States Constitution provides the highest level of law in the United States. The first ten amendments of the Constitution make up the Bill of Rights and within this, there are several rights that an accused person may exercise before, during and after a criminal trial.
The Fifth Amendment states a defendant has the right to remain silent and cannot be forced to testify against himself. The Fifth Amendment also covers against double-jeopardy. The accused cannot be charged for the same crime, twice.
In the Sixth Amendment, the accused has the right to a public trial made up anyone wishing to attend. Also in the Sixth Amendment the accused has a right to jury trial and a speedy trial. Although there are no set time limits and is decided …show more content…
While there are no specific timeframes that make for a speedy trial and each case is decided on its own merit, a speedy trial basically means a defendant cannot sit in holding for an indefinite period of time. It is in the best interest of all parties that a speedy trial takes place. For the defendant, it means a quicker verdict. For the prosecution, it may mean greater availability of witnesses.
At the trial, both the prosecutor and the defense attorney will present evidence and testimony. The jury containing 12 members of society chosen to reach a verdict will listen to and evaluate evidence and testimony to determine an outcome.
When the trial takes place, the courtroom is generally open to any citizen wishing to visit. Friends, family and members of the press cannot be barred from a courtroom trial. This is expressed in the Sixth Amendment right to a public trial. Now, once a jury receives its instructions from the judge, the members will deliberate in a private setting. A verdict is reached, sent to the judge, and once approved, is told to the defendant.
If he is found guilty, the defendant may appeal the verdict. If he is found innocent, the defendant cannot be re-tried for the same crime. He is protected against double jeopardy under the Sixth Amendment. In the case of a mistrial where an error took place within the trial, the defendant can be re-tried for the
The Fifth Amendment states a defendant has the right to remain silent and cannot be forced to testify against himself. The Fifth Amendment also covers against double-jeopardy. The accused cannot be charged for the same crime, twice.
In the Sixth Amendment, the accused has the right to a public trial made up anyone wishing to attend. Also in the Sixth Amendment the accused has a right to jury trial and a speedy trial. Although there are no set time limits and is decided …show more content…
While there are no specific timeframes that make for a speedy trial and each case is decided on its own merit, a speedy trial basically means a defendant cannot sit in holding for an indefinite period of time. It is in the best interest of all parties that a speedy trial takes place. For the defendant, it means a quicker verdict. For the prosecution, it may mean greater availability of witnesses.
At the trial, both the prosecutor and the defense attorney will present evidence and testimony. The jury containing 12 members of society chosen to reach a verdict will listen to and evaluate evidence and testimony to determine an outcome.
When the trial takes place, the courtroom is generally open to any citizen wishing to visit. Friends, family and members of the press cannot be barred from a courtroom trial. This is expressed in the Sixth Amendment right to a public trial. Now, once a jury receives its instructions from the judge, the members will deliberate in a private setting. A verdict is reached, sent to the judge, and once approved, is told to the defendant.
If he is found guilty, the defendant may appeal the verdict. If he is found innocent, the defendant cannot be re-tried for the same crime. He is protected against double jeopardy under the Sixth Amendment. In the case of a mistrial where an error took place within the trial, the defendant can be re-tried for the