The Right to a Fair Trial

Paper Summary:

The paper discusses numerous cases showing that the Sixth Amendment to the US Constitution has indeed been effective in guaranteeing the rights of individuals to a fair trial and confirms that this may or may not lead to favorable decisions by the courts. Legal counsels for the defense as well as those from the prosecution side would find legal loopholes in trials using the Sixth Amendment as the excuse to reverse or appeal decisions. The paper states further that the results are not important. What is important is that there are provisions that protect the individual's basic rights and freedom and that each individual will be guaranteed that he will have a fair trial because of the Sixth Amendment.

From the Paper:

"However effective some of the provisions in the Sixth Amendment are, there are still instances wherein the Sixth Amendment right to a fair trial is being violated. The issue concerning the U.S. Military violating the rights to a fair trial of numerous detainees in Guantanamo Bay is still pending. There are still hundreds of individuals at Guantanamo Bay who are being detained for as long as two years now without even being charged (Guantanamo Bay - a human rights scandal). This violates the right of an individual to be informed of the charges pending against him which are guaranteed by the Sixth Amendment. This is still debated upon since it is the U.S. Military Commission that is the one in charge of the detainees and not the Federal Government."

Sample of Sources Used:

• Jelena Pejic. 1995. "What is a Fair Trial? A Basic Guide to Legal Standards and Practice". Lawyers Committee for Human Rights.
• Amendment VI. The United States Constitution. The Bill of Rights. http://www.constitutionfacts.com/constitution/Bill_of_rights.htm
• Sheppard vs. Maxwell, Warden. 384 U.S. 333. June 6, 1966. Decided .Supreme Court of the United States. http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/sheppard.html
• David Pitts. The Scottsboro Boys and Fundamental Rights. http://usinfo.state.gov/journals/itdhr/0701/ijde/pitts.htm
• Powell v. Alabama, 287 U.S. 45, 53 S. Ct. 55, 77 L. Ed. 158.

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• Essay # 12343 : "Free Press and Fair Trials"

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