In the judgement of Mason CJ and McHugh J, it was said that a “ trial judge who is faced with an application for an adjournment or a stay by an indigent accused charged with a serious offence [...] the trial in such a case should be adjourned, postponed or stayed until legal representation is available. The judgement also stated that “an accused has the right to a fair trial and that, depending on all the circumstances of the particular case, lack of representation may mean that an accused is unable to receive, or did not receive, a fair trial. “ Moreover, the judgement of Deane and Gaudron suggested that the right to receive counsel was found in the Constitution, specifically Chapter Three which requires that ‘judicial process and fairness be observed.’ However, both Justice Brennan and Justice Dawson dissented, stating that it would unjust for judges to adjourn or stay trial due to the pressures it would place on legal aid agencies. For Dietrich, the outcome of the High Court case meant that without the legal representation he had required for the trial and due to the trial judge’s failure to grant an adjournment, a miscarriage of justice had occurred.…
The general rule is that a witness must invoke the privilege to benefit from it and virtually everyone is acquainted with the concept, even the uneducated and the young. The court discerned that by agreeing to non-custodial pre-Miranda police interview without expressly stating his intentions of invoking his Fifth Amendment rights, the petitioner forfeited such privileges. It was an undisputed fact that the petitioner’s interview by police was voluntary and he resumed answering questions after the period of silence, further indicating he was not invoking Fifth Amendment…
The courts biggest issues were trying to decide whether a trial court’s erroneous deprivation of a criminal defendant’s choice of counsel entitles him to a reversal of his conviction and should proving the sixth Amendment right to proceed with the counsel of choice depend on whether the deprivation of that right also resulted in compromising a defendants’ right to a fair trial. The majority opinion did not apply the Strickland test because they felt that the defendant could not show or give any reason as to why he felt the counsel was ineffective and that the counsels performance was poorly presented and deficient and the defendant was prejudiced by it. What the Strickland test is actually intended for is that the government must contend that the defendant must at least demonstrate that his counsel of choice would have pursued a different strategy and would have created a :reasonable probability”. In court cases the course can be split into two structures; trial errors and structural errors. Most constitutional errors are trial errors that occur “during the presentation to the jury,” and courts have discretion in deciding whether these trial errors are harmless and warrant a new trial.…
The court found that Gault had been denied safety under the Due Process Clause of the 14th Amendment and the Bill of Rights. The 14th Amendment and the Bill of Rights are not for adults only juveniles are entitled to them as well. Gerald did not have the opportunity to have counsel represent him during his time of arrest; therefore he was not given a fair chance in the beginning.…
The sixth amendment provides certain rights in criminal trials. Repealing the sixth amendment may seem as a doable action, but without recognition it effect the citizens and past…
Ware considered Galbreath’s move to file the sedition charge as a political maneuver to gain votes. He was not surprised about Kershaw involvement, as his role in the White Citizens’ Council and other white supremacist circles was no secret. However, he also commented on Major Briley’s statement, who, after consulting with the Justice Department, came out against the charges. Ware suggested that Briley’s position on the legality of the indictment would not mean that he would now be a supporter of the black community. Generally, Ware toned his statements down before court, providing rational descriptions that differ from the officially available written or audio sources available, suggesting that within the black community, talk about the current racial status quo would be plain: “when we talk, we talk in relation to a white society that runs the white system.”…
This case questioned the Sixth Amendment 's extension of the right to counsel in state criminal felony cases. In a 9-0 decision, the Supreme Court upheld the right to counsel and argued that it extended to all cases. Supreme Court Justice Tom C. Clark argued that the Constitution guarantees the right to counsel in order to protect due process. The Gideon v Wainwright case was as milestone decision in which the Constitution was interpreted very…
Lewis presents all relevant facts, opinions, and events without any personal bias, as he is trying to allow the reader to accurately understand how the Supreme Court managed this case, and all of the behind-the-scenes actions that were taken in order to achieve justice. The book speaks about the 1960’s, as this is the period during and after this case, and where the most immediate consequences of the case can be acknowledged. Also, Lewis briefly touches upon some of the Court’s history, including a short time in the 1920’s. Clarence E. Gideon felt that his treatment by the Court violated the 14th Amendment, which he believed allowed him to be provided with an attorney. Gideon was seemingly lucky, since around the time he filed his petition, some of the Justices were already previously thinking about the issue of whether or not a defendant is guaranteed legal counsel.…
The Fourth, Fifth, Sixth, and Eighth Amendments were established to protect the rights of the suspected, the accused, criminal defendants and that of convicted criminals. There have been several instances of the course time where these protections of rights haven’t been upheld. An example of when these protections of rights have been neglected is the Powell v. Alabama in 1932. There are several things that made this particular case so different from that of other cases. The time period, the series of events in the case, and the doctrines that were established during this time period are just a few to mention.…
Arizona (1966). This decision, generally speaking, defined the rights of the accused after an appeal was made on behalf of Ernesto Miranda. It said, among other things, that each person accused of a crime has the right to remain silent and the right to an attorney (Document 7). The tradition of these Miranda rights has become common knowledge in American society, despite the fact that some people believe that they are generally too lenient and often hamper the justice system’s ability to convict guilty criminals of their crimes (Documents 5a & 5b). The Supreme Court has failed to see adequate need for reversal of this decision, despite the dramatic odds that lie in favour of the accused as a result of the decision, and the fact that the victim is often left without help when the offender is not convicted.…
Evan Miller has had a rough upbringing. He has had emotional abandonment from his alcoholic and drug abused mother, his abusive father and forced to be placed in multiple foster cares throughout his childhood. Miller is a prime example of an abandoned, troubled minor, whose true destiny has been destroyed due to these circumstances. The problems he has faced steered him to being depressed and unsatisfied, using drugs, alcohol and four suicide attempts to trying and fulfill the emptiness he has been feeling his entire life.…
1. Chart the changes in federalism throughout American history. What was dual federalism? How was governmental power distributed under this system? How did the Great Depression lead to the decline in dual federalism?…
One quote is “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 was 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 witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense (Bill of Rights).” This is the sixth amendment exactly. It gives the people multiple rights. The sixth amendment to the Bill of Rights is the most needed because it grants the right to a speedy trial by jury, to have no one subject to the same offense twice, and to have the assistance of the council for his defense (What the Sixth…
“13th”, a 2016 documentary, dives deep into details regarding prison systems in the United States. The documentary discusses the history of inequality as well. The title “13th” gets its name as reference to the thirteenth amendment. The thirteenth amendment states that it is unethical for one to become a slave; this documentary shows just how ironic it is that prisoners often times get treated as one. Though, some may disagree.…
The 6th Amendment was one of the Original Ten Bill of Rights, and became law in 1791. It includes the right to a public and speedy trial, the right to have a lawyer and the right to an impartial jury. It also includes the right to know who brought those charges against you, what those charges are and what evidence they have against…