6TH AMENDMENT REGARDING LAW ENFORCEMENT - Essay Example

Running Head: Criminal Cases in the Area of the 6th Amendment and their Implications on the Culture of Americans. The 6th Amendment. UniversityCourseSubjectDateThe 6th Amendment to the constitution of America granted fundamental rights to the accused; it granted them the right to have their trials done publicly, with speed and by a fair panel of judges from the state in which the particular criminal activity is committed. Defendants are also to be informed of the reasons and nature of accusations, obtain witnesses, get the services of a counsel and the prosecution should produce witnesses for their case.

These are fundamental rights and as such the 14th amendment through the clause of due process applies them to States. Understanding and observation of the guarantees & rights in this amendment is important to operations in law enforcement at all levels of the criminal justice system. Speedy trial as a right of the accused person is very important in safeguarding against unnecessary and unjustifiable incarcerations pending trial. It removes anxiety as well as public concern and limits the possibilities of prolonged delays interfering with the defendants’ capacity to defend their cases; delays can result into loss of key witnesses due to deaths or other factors or blur the witnesses’ memories.

The society is also interested in seeing trials speeded and this could sometimes be against the wishes of accused persons. This is because jailed individuals as well as their families receive support at the expense of the public, those free in the society could engage in other criminal activities or bargain for sentences which are not just as per society expectations and delays may hinder deterrence & rehabilitation which are crucial goals of punishment. Speedy trial is a fundamental liberty in both the Bill of Rights and the constitution of America and applies to states through the 14th Amendment.

Activation is only possible when the prosecution of a crime has commenced and only applies to the accused individual. It starts to apply right from the time and point of arresting a suspect and statutes of limitation guard against possibility of prejudice due to delays. The courts have condemned malpractices by states in cases where states preferred charges on already incarcerated individuals in prison facilities with different jurisdiction for conviction on different charges. An example is the case of the United States vs.

Henry in which the state was found to violate the defendant’s right to have counsel assistance. States should thus respect the accused persons’ right to a speedy trial, request prison facilities for custody of the individuals in order to constitute trials. There are four major factors to be considered by courts in drawing a conclusion as to if the right of a defendant for speedy trial has been violated. How long is the delay, what are the reasons for the delay, are the defendants capable of asserting their rights and has the delay caused any prejudice to the accused individual?

An inquiry can be triggered by delays depending on prevailing circumstances and delays deliberately encouraged to gain advantage may have serious ramifications. The prosecution is obligated to ensure the defendant is brought to conviction, and a defendant’s failure or inability to assert the right can never be taken as a reason to waive the right unless it is the defendant’s request for delay. If the court finds any prejudice or disadvantage to the accused as a result of delayed trial then the indictment may be dismissed or conviction reversed for dismissal of indictment.

The 6th Amendment therefore has far reaching implications to the criminal justice system in terms of law enforcement operations, the culture of law enforcers, social moral standards and the culture of America at large. Defendants are guaranteed important rights such as speed in trial, public trial, the cases should be heard by fair juries, defendants should have witnesses as well as counsel assistance and the prosecution must produce witnesses to testify against accused persons. This gourds against unfair practices by law enforcing agencies, instills discipline to the system and ensures dignity of the accused individuals as well as their families.