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Liberty, Rights and Due Process

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Your supervisor calls you into the office and tells you that the local police department always asks and agent to provide the following if giving a training class;

1. What information you would provide to a group of cadets relative to the federal criminal rights a defendant has under The Bill of Rights?

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Solution Summary

Based on the scenario, this solution explains the type of information that a person would provide to a group of cadets relative to the federal criminal rights a defendant has under The Bill of Rights?

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1. What information you would provide to a group of cadets relative to the federal criminal rights a defendant has under The Bill of Rights?
The Sixth Amendment to the U.S Constitution deals with the rights of accused in criminal prosecutions. Your audience will demand that you put the information in lay terms so that they can understand the federal criminal rights a defendant has under the Bill of Rights. For example, the Sixth Amendment to the U.S. Constitution reads in part as follows:
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 defence. http://caselaw.lp.findlaw.com/data/constitution/amendment06/

Let's expand on each of the ideas in the above quote.
• Right to a Speedy and Public Trial i.e. The guarantee of a speedy trial ''is one of the most basic rights preserved by our Constitution,'' it is one of those ''fundamental'' liberties embodied in the Bill of Rights which the due process clause of the Fourteenth Amendment makes applicable to the States. 16 The protection afforded by this guarantee ''is activated only when a criminal prosecution has begun and extends only to those persons who have been 'accused' in the course of that prosecution'' (see http://caselaw.lp.findlaw.com/data/constitution/amendment06/02.html#1 for more detail).

• Speedy Trial
o Source and Rationale i.e. The right to a speedy trial may be derived from a provision of Magna Carta and it was a right so interpreted by Coke. 12 Much the same language was incorporated into the Virginia Declaration of Rights of 1776 13 and from there into the Sixth Amendment. Unlike other provisions of the Amendment, this guarantee can be attributable to reasons, which have to do with the rights of and infliction of harms to both defendants (lengthy remands, etc.) and society (i.e. cost of holding the defendant, or leaving them on the streets for lengthy period of time allows for the defendant to commit other crimes during that period, etc. (6th Amendment)(see more detail at http://caselaw.lp.findlaw.com/data/constitution/amendment06/02.html#1).
o Application and Scope (click on link for information)
o When the Right Is Denied (click on link for information)

• Public Trial i.e. ''This nation's accepted practice of guaranteeing a public trial to an accused has its roots in our English common law heritage. The exact date of its origin is obscure, but it likely evolved long before the settlement of our land as an accompaniment of the ancient institution of jury trial. In this country the guarantee to an accused of the right to a public trial first appeared in a state constitution in 1776. Following the ratification in 1791 of the Federal Constitution's Sixth Amendment . . . most of the original states and those subsequently.
The purposes of the requirement of open trials are multiple: it helps to assure the criminal defendant a fair and accurate adjudication of guilt or innocence, it provides a public demonstration of fairness, it discourages perjury, the misconduct of participants, and decisions based on secret bias or partiality. ...

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