Thursday, October 21, 2010

The Sixth Amendment


Hmmmm, more about the rights of the accused!!  Let us see what different parts of the amendment are present here.  We have the right to a speedy and public trial, in so much as to say that the trial cannot be behind closed doors as that could just lead to tyrannical misgivings in the government as to quell resisters and dissenters alike.  The fact that the jury has to be impartial and from the same state and district in which the crime was committed lends to the fact that the morality of the area will be brought into the court room as the crime may not have the same significance as it would in a different area.  Burning a field in a rural area may not be the same thing as burning trash in an urban area, thus the jury selection.  The accused must know what they are being tried with, well of course because how are you to be punished and reformed if you know nothing about what it is that you did in the first place.  Here is the best part, that the accused has the right to be confronted with the witnesses against him.  How many times have we seen movies where a witness is "offed" before a trial?  Also, how many times have we seen a witness crumble when in the court room as they cannot say the same thing in front of the accused for whatever reason.  This makes it so as people cannot just accuse someone without due cause and be able to substantiate that claim in court against the person.  More on witnesses for the defense, as if this needed to be said.  You get your people to say I did it, I get mine to say I didn't, and then we go from there about whose witnesses are more convincing to the jury.  Last but not least the fact that the defendant has the right to assistance of counsel.  This can be looked at as a benefit to the intelligent and able to defend themselves and a godsend to those who cant!

Video




As this movie from 2003 shows almost ten years ago there is a science to picking a jury and there are obviously people out there who know how, use science and make money doing so to win the vote of the jury regardless.  On the same note is this wrong??  Not only is it wrong because it shows that the jury is not impartial, it shows that it is also influenced and manipulated against the common good, and in the air of what the purchaser wants.  So does this really mean that the system works, or is up for grabs to the highest bidder?  I think the later more so than the previous as the justice system is broke.

Information/Article

Obtained from:  http://www.usmarshals.gov/witsec/index.html

Witness Security Program

The U.S. Marshals Service provides for the security, health and safety of government witnesses, and their immediate dependents, whose lives are in danger as a result of their testimony against drug traffickers, terrorists, organized crime members and other major criminals.
The Witness Security Program was authorized by the Organized Crime Control Act of 1970 and amended by the Comprehensive Crime Control Act of 1984. The U.S. Marshals have protected, relocated and given new identities to more than 8,200 witnesses and 9,800 of their family members, since the program began in 1971.
The successful operation of this program is widely recognized as providing a unique and valuable tool in the government’s battle against major criminal conspirators and organized
crime.

Witnesses and their families typically get new identities with authentic documentation. Housing, subsistence for basic living expenses and medical care are provided to the witnesses. Job training and employment assistance may also be provided.
The U.S. Marshals provide 24-hour protection to all witnesses, while they are in a high-threat environment including pretrial conferences, trial testimonials and other court appearances.
No Witness Security Program participant, who followed security guidelines, has been harmed while under the active protection of the U.S. Marshals.
In both criminal and civil matters involving protected witnesses, the U.S. Marshals cooperate fully with local law enforcement and court authorities to bring witnesses to justice or to have
them fulfill their legal responsibilities.

Reaction

As we can see the idea of protecting witnesses, especially in the instances of high crimes, and major criminals is something of a priority so as they can confront the accused and be present at the trial.  The whole website is about information on how the program works and operates so as to provide the protection needed before, during and after the trial.  A wonderful decision of the government in the prosecution of the major criminals and those of infamy.  Although this is something that the justice system looms over peoples heads if they do not want to testify, it can offer protection from the bad guy, or maybe take it away and throw the witness to the wolves.

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