jury trial analysis
The Bill of Rights provides certain rights to criminal defendants during trial. There are two fundamental aspects of the U.S. criminal justice system: The presumption that the defendant is innocent, and the burden on the prosecution to prove guilt beyond a reasonable doubt. Assuming the defendant does not plea-bargain, a trial will probably result. Thus, it is important to focus on constitutional rights during the trial stage. The three rights considered in this paper are the right to a speedy trial, the right to an impartial judge, and the right to an impartial jury. Criminal defendants have other rights, too including the right to remain silent, confront witnesses, have a public trial, have a jury trial, have a speedy trial, be represented by an attorney, receive adequate representation, and not be tried twice for the same offense also known as double jeopardy.
Right to a Speedy Trial The Sixth Amendment honors a defendants a right to a "speedy trial." However, it does not insist on a precise time restriction. Thus, judges often have to decide on a case-by-case basis whether a defendant 's trial has been so delayed that the case should be thrown out. In making this decision, judges look at the length of the delay, the reason for the delay, and whether the delay has harmed the defendant 's position. Every jurisdiction has enacted statutes that set time limits for moving cases from the filing of the initial charge to trial. While these statutes are very strict in their wording, most defendants cannot get their convictions reversed on the ground that these statutes were violated.”
“In Barker v. Wingo, the court elaborated on these points: if an accused cannot make bail, he is generally confined, as was the defendant for 10 months, in a local jail. This contributes to the overcrowding and generally deplorable state of those institutions. Lengthy exposure to these conditions “has a destructive effect on human character and makes the rehabilitation of
References: Alschulert, A. (2008) Implementing the Criminal Defendant’s Right to Trial: Alternatives to the Plea Bargaining Worral. J.L. (2012). Criminal Procedure: From first contact to appeal. (4th ed). Upper Saddle River, NJ: Pearson Education Criminal Defendants’ Rights during Trial: The Bill of Rights (2014) Retrieved from http://www.nolo.com/legal-encyclopedia/defendants-rights-during-court-trial-29793.html Sixth Amendment on the Impartial Jury. (2008) Retrieved from http://constitution.findlaw.com/amendment6/annotation05.html#sthash.CJWuDHBP.dpuf The Role of the Judge (2006) Retrieved from http://www.cscja-acjcs.ca/role_of_judge-en.asp?l=5 Chayes, A. (2000) The Role of the Judge in Public Law Litigation. The Harvard Law Association Review