THE BILL OF RIGHTS: THE FIRST TEN AMENDMENTS TO THE CONSTITUTION AND THE CLOSEST CONNECTION TO YOUR LIFE “THE SIXTH AND SEVENTH AMENDMENTS” THE SIXTH AMENDMENT • In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. • You have the right to have a trial within a reasonable time frame, and not have to wait out years of persecution to determine your innocence or guilt, and to have such a trial in the area of where the crime was committed. • You have the right to be told what crime you are being charged with • You have the right to a public trial where you can question witnesses against you, and provide witnesses to defend you. • You have the right to an attorney THE SIXTH AMENDMENT • The case study I have regarding the Sixth Amendment is one where President Obama makes a statement regarding sexual harassment in the military. • At the end of this speech, his statements are very direct about his expectations regarding what should occur to individuals accused of this crime. But, is this not depriving them of their Sixth Amendment right to a fair trial? • When a trial gets a lot of publicity, particularly on a national level, such as the Casey Anthony case, is it even possible to receive a fair trial? And from there begs the question of can we even determine guilt based on actual circumstances with this bias in mind? Can anyone receive an impartial and fair trial? THE SEVENTH AMENDMENT • In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. • Guarantees the right to a jury in a civil, not a criminal trial, if the value in question is over $ 20.00 THE SEVENTH AMENDMENT • The Seventh Amendment is perhaps the most antiquated of the Bill of Rights • When it was written, $20.00 was perhaps the equivalent of $1,000.00 today. • Now, no one would sue anyone else for anything less than $20.00 because the court costs alone would be $500.00 or more. This basically gives the right to a jury trial in civil cases in any case. • The case study we are examining in relation to the Seventh Amendment deals with a Republican initiative to place limits on the amounts juries can award in cases of medical malpractice. • The member of the House of Representatives who is speaking is concerned that in cases where the malpractice is connected to a criminal act, it is violating the victim’s Seventh Amendment rights for a jury to determine the amount of damages, and it not be limited by the federal government.
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