Criminal Procedure Unit 3 DB
The defendant has been arrested for a crime of manslaughter. He has been confined at the local jail for more than 6 months. The Sixth Amendment of the U.S. Constitution guarantees the accused the right to a speedy and public trial.
Primary Task Response: Within the Discussion Board area, write 400–600 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas:
- What factors do you think the judge should take into consideration when trying to arrive at a decision on how to ensure the defendant’s right to a public and speedy trial?
- Do you believe that the press has a right to be present during trials? Why or why not? Explain your position.
- What problems do you foresee, if any, with allowing television cameras inside the courtroom? Explain your position.
Solution Preview
Criminal Procedure
According to the provisions of the Sixth Amendment, accused person have the right to receive justice in the form of a speedy trial, which infers that the judge presiding over the case ought to consider the interests of justice in allocating suitable dates for different cases. In the presented case, the accused has been in jail for six months, but there lacks sufficient information to determine the reasons for the delay. In the 1972 case Barker v. Wingo, a similar issue was brought before the bench, questioning the chances that the appellee’s rights to a speedy trial were overlooked following extensive consistent cases in which the prosecution sought continuance in the appellee’s case.
(593 words)