The Six Amendment during Trial - Essay Example

Court Procedures 4 Affiliation: Chapter 8 The right of a defendant to be present during his or her trial is states in the Six Amendment as well as further strengthened by the statutory laws depending on the state. This right is essential as the defendant gets the opportunity to listen first hand to the witnesses and consult with his defense counsel on issues that need to be objected. This right also saves the court consultation time with the defendant as the defendant is present hence no time is wasted. In case the judge needs my clarification or to talk with the defendant about the witnesses’ testimonies, it happens immediately. Self-presentation ensures that no lawsuits of defamation or false witnessing will ensure once the trial is completed. The most important point in this chapter regards the right to a counsel to represent the defendant. This is important to understand because the work of the counsel is to offer guidance to the defendant from the time he or she is arrested until the end of the trial leading to a dismissal or conviction. Chapter eight has the case of Premo v. Moore 131 S. CT. 733 (U. S. 2011) where the defendant filed a petition for a writ of habeas corpus under the Sixth Amendment stating that his counsel offered ineffective assistance to him. The District Court denied the writ but the court of appeal reversed the decision. The Supreme Court granted certiorari to the inmate but ruled that the habeas could not be granted because there was no proof of the attorney being prejudiced or showing deficient performance which are the requirements of granting this writ against the attorney. The inmate before conviction and confession to the police confessed to two witnesses about committing the crime (Robertson and Wallace, 2013). Chapter 10 The rules are established on the evidence being presented to the judge or jury to provide a fair hearing as well as prevent prejudicial decisions being made by the jury. The rules also prevent errors being made during the ruling which may affect the outcome. Some of the rules of evidence include the jury not being present for the presentation of the evidence in some states while in others the prosecution and defense are encouraged to object any evidence being provided if it will to the jury making prejudicial ruling. The rules in these cases ensure not only a fair hearing but also ensure that no innocent individual will be wrongly convicted due to the evidence provided. Chapter 10 has the most important point as being that of hearsay which should not be considered in some cases but still is. It is important to understand what exactly constitutes hearsay and what does not so that one does not confuse them as legitimate witness testimonies. The next case law in chapter 10 Michigan v. Bryant 131 S. CT. 1143 (U. S. 2011) is about hearsay in court as well as confrontation clause in the Six Amendment. Bryant filed an appeal after being convicted of a second degree murder. The Court of Appeal reversed the decision but the Supreme Court refuted it required the proceedings and decision made again based on the state laws. The pertinent thing that the Supreme Court said was that the confrontation would be admissible because the dead man was clear about where he was shot, by whom as well. The only testimony not allowed is if the witness is available but does not testify in court unlike in this case where he was dead already (Robertson and Wallace, 2013). Chapter 13 The concept of reasonable doubt was made by the Supreme Court and sets the basis of guilt determination by the jury. The definition of what constitutes reasonable doubt is still under debate so many include moral issues to be part of the reasonable doubt process. In the real sense however, reasonable doubt is whereby the jury after clear and in-depth examination of the evidence presented in the criminal case, they are left with no doubt at all about the defendant being guilty of the offense. If there is even a little doubt, then a ruling of beyond reasonable doubt cannot be made. The burden of proof is left to the prosecutor who has to seek enough evidence to convince the jury beyond reasonable doubt that the defendant is guilty of the crime. Failure to present enough proof will lead to the release of the defendant. This is stated in the US constitution which indicates that a person is considered innocent until proven guilty and hence without proof the defendant is innocent and should be set free. Witnesses give account of the incident that the defendant is arrested for. The testimony of the witness may be for or against the defendant. A witness before testifying is presented with an oath of telling a truthful account of what transpired. After affirmation of the oath, the prosecutor examines the witness directly to find out what he or she saw or heard. The defendants counsel then cross examines the witness based on the testimony presented to find out loopholes in it. The aim is to create doubt about the credibility of the witnesss testimony hence leading to doubt. Testimony can also be presented by the defense counsel witnesses as well as the defendant if need be. This is determined by the defense counsel depending on the course the case is taking after witnesses are presented by the prosecutor. The aim of presentation of testimony is to provide evidence of proof of the guilt of the defendant or to refute the provided evidence and create doubt in the jury about whether the defendant is guilty or not. This chapter’s most important point is examination of witnesses and the procedure taken and what to expect in such situations for both the witness and the defendant. Chapter 13 has the case of Carey v. Musladin 549 U. S 70 (U. S. 2006) where the Supreme Court faulted the lower court which had gone against the Federal Courts ruling regarding the murder case ruling. The Supreme Court indicated that there was no clearly established law regarding spectator prejudice in the Federal laws (Robertson and Wallace, 2013). Reference Robertson, C. and Wallace, H. (2013). Procedures in the Justice System. (10th Ed.). New Jersey: Pearson Education Read More