Username:
Password:
forgot password | sign up  
 

Northton

by northton from the Land of Free Spe

Last Post 138 days, 15 hours Ago


Part VI of XI: How To Be A Real American
Mar 3, 2008 | 6:38 AM
Category: News
Report This Post

Hello Fellow Bloggers!

This is the Sixth of Eleven Installments of:

"How to Be A Real American"

 

That's right, we are discussing Our Bill of Rights (YOUR RIGHTS!).

 

Each week we are discussing an amendment of the Bill of Rights.  So far we've talked about freedom of speech, the right to bear arms, the right to privacy, and other issues important to Real Americans everywhere.

This week, we are discussing Amendment Six of the Bill of Rights.   This amendment covers the right to know the charges against you in a criminal case, the right to a speedy trial by jury, the right to obtain and confront witnesses against you, and the right to have legal assistance.  Let's check it out:  

 

Amendment VI

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 shall have been 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 witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

 

After reading this amendment, here are some questions that I find interesting.  Feel free to answer them or ask your own questions.

What do you consider "a speedy trial" to be?

Have you, or someone you know, been involved in a criminal case? 

Did you or they receive a fair trial in accordance with the above amendment?

How do you feel about public defenders?  Do they do a good job of defending the accused?

The Sixth Amendment says we have the right to assistance of council, but does that mean it should be provided by the State? 

What part of this constitutional amendment do you find most intriguing?  

What say thee, Real Americans?

Doth The State Treateth The People Justly?

31 Comments |  Add a Comment

Member Comments Total Comments: 31
Page 1 of 2
1
2
 Last
Gammies61 read my blog view my photos
Mar 3, 2008 | 11:52 AM

After posting bail, how long does it take to go to trial? I don't know. Doesn't it take about a year? There are a lot of cases on the court dockets.

Of course.

Hard to say.

They do as much as they're paid to do. Sometimes, it's probably not enough.

If not the state, then who should pay?

What says me....I'll be goodeth.

Justly? Sure. LOL
pattiep read my blog view my photos
Mar 3, 2008 | 2:04 PM

I think a speedy trail is 90 days.
I would never use a public defender.
Got to think about the rest.
BrendaG read my blog view my photos
Mar 3, 2008 | 5:12 PM

What do you consider "a speedy trial" to be? Charges filed within 90 days and a trial to start within thirty days of charges being filed! That would be speedy enough for me!

Have you, or someone you know, been involved in a criminal case? Nope

Did you or they receive a fair trial in accordance with the above amendment? N/A

How do you feel about public defenders? Do they do a good job of defending the accused? I think they are called Public Pretenders, and I would NEVER want one to represent me!

The Sixth Amendment says we have the right to assistance of council, but does that mean it should be provided by the State? Well if your poor, how are you gonna afford one of the bottom feeding sharks? If your going to reply on a Public Pretender you may as well go feed yourself to the sharks, because those Public Pretenders are really pretending to work!

What part of this constitutional amendment do you find most intriguing? What gets me is that you have a public pretender appointed to you if you are poor and can not afford a bottom feeder. But the pretender is only pretending to do his/her job, so why bother? Represent yourself and you may have a chance of winning, but research the law before you do!
DaytonaFrank read my blog view my photos
Mar 3, 2008 | 7:20 PM

Well, amazingly I have little to say on this one.
Mainly I think how much money you have will change this amendment either way.
A speedy trial for one without bail money, would be soon as possible! With bucks, you can delay it indefinitely if you think it will end badly.

This can be said as well for the other questions.
Innocent but poor, you are screwed.
Rich but guilty, hey you got a shot!
DaytonaFrank read my blog view my photos
Mar 3, 2008 | 7:25 PM

Hey! why didn't Brenda's comment appear until after I posted mine?

Are they starting this crap again?
Rideintodarkness read my blog
Mar 3, 2008 | 7:32 PM

actually if you request a speedy trial the state has to start within 180 days. Exactly correct "public pretenders" but I think it is this way because of such a heavy work load that they cannot be effective.
northton read my blog view my photos
Mar 4, 2008 | 12:24 PM

Well, you have a right to get an attorney, but that wouldn't neccessarily mean someone else had to pay for it.

I'm all for free council for the poor, but I was just wondering how the right to get an attorney became the right have an attorney for free.

i.e. I have the right to assemble at a rally, but not the right to free gas and a car to drive there.
DaytonaFrank read my blog view my photos
Mar 5, 2008 | 1:20 AM

Well, the Miranda rights entitled all those that cannot afford an attorney, with one provided by the state.
That is why they are required reading, to anyone arrested for any crime.

They have a free attorney, but not free gas or car! LOL!
DaytonaFrank read my blog view my photos
Mar 5, 2008 | 1:25 AM

But the attorney is free. You get what you pay for! LMFAO!
Gammies61 read my blog view my photos
Mar 5, 2008 | 12:05 PM

If they don't read you the Miranda, do they have to let you go? If so, why?
northton read my blog view my photos
Mar 5, 2008 | 5:13 PM

They used to have to read your miranda rights but I'm not sure they still do. They have to tell you that you have the right to lawyer-up.
Meb452m read my blog
Mar 5, 2008 | 8:30 PM

A lot of cases are resolved and not neccessarily in a just way due to one side out-moneying the other. I believe that to be the worst fault of the system. Of course it is very profitable for lawyers,so I don't see that lot cleaning up their act as a result of their own actions.
Gammies61 read my blog view my photos
Mar 6, 2008 | 11:06 AM

Thank you northton.
northton read my blog view my photos
Mar 6, 2008 | 8:14 PM

You are welcome Gammies.

Meb, can a person get a fair shake with a public defender?
DaytonaFrank read my blog view my photos
Mar 6, 2008 | 11:44 PM

If they do not read the Miranda rights, when someone is officially arrested, the case will be thrown out.
If it is read in English, but the arrestee has no command or knowledge of English, it will be thrown out.

It was the biggest loophole in the criminal justice system in this country.

It is standard procedure now.
DaytonaFrank read my blog view my photos
Mar 6, 2008 | 11:56 PM

An interpreter will be assigned to take the statement of any offender that does not speak English.
Recently there was an "interpreter" that was fired for not accurately "interpreting" the statements of many of her clients. And misinforming them of court proceedings.

This was disastrous. Some clients were imprisoned because of her "interpretations."
All of her cases are now being reviewed.
DaytonaFrank read my blog view my photos
Mar 6, 2008 | 11:58 PM

You gotta love the US justice system.

When it's right, it's wrong.

When it's wrong, it's right.

Is there a solution?
Gammies61 read my blog view my photos
Mar 7, 2008 | 11:06 AM

Prolly not.
northton read my blog view my photos
Mar 8, 2008 | 12:31 AM

Of course there is.
Gammies61 read my blog view my photos
Mar 8, 2008 | 10:38 AM

What?
DaytonaFrank read my blog view my photos
Mar 8, 2008 | 11:32 PM

Hang 'em high.
DaytonaFrank read my blog view my photos
Mar 8, 2008 | 11:34 PM

And quick.
DaytonaFrank read my blog view my photos
Mar 8, 2008 | 11:39 PM

Publicly. That is a deterrant.
DaytonaFrank read my blog view my photos
Mar 8, 2008 | 11:42 PM

Don't get me wrong.

I believe in the right to a fair trial.

But if you are caught in the act of killing a person, you should not be "brought to justice", you should be shot to death on the spot.
That is justice.
northton read my blog view my photos
Mar 9, 2008 | 2:10 AM

I believe that would violate the killer's fifth and sixth amendment rights, Frank.
Gammies61 read my blog view my photos
Mar 9, 2008 | 11:55 AM

So if you saw someone killing another person, you would take it upon yourself to judge them, and hang them. What if this one person, killing this other person was actually defending himself? Wouldn't you feel stupid? Cause if someone is trying to kill me, I'm going to do everything I can to stop it, even if it means death for the other person.

Does this make since? I think I said it right. Hmm?
northton read my blog view my photos
Mar 10, 2008 | 5:47 AM

Makes sense to me, Gammies.
Gammies61 read my blog view my photos
Mar 10, 2008 | 10:43 AM

Except for the fact, I spelled "since" wrong. Again! LOL
Meb452m read my blog
Mar 22, 2008 | 9:53 PM

Norty, sorry I'm late in getting back to you with an answer. I hadn't checked back on this post until now. Can a person get a fair shake with a public defender? Yes, I believe it possible, but there are numerous things that can determine that. The lawyer's: knowledge of the applicable law, honesty, integrety, and in the case of a jury trial : public speaking abilities, connection with a jury, and wheter or not that individual is a charasmatic or not. I also believe, that hiring an expensive attorney is no absolute guarantee. From what I've been told, a crappy lawyer is possible grounds for an appeal. In a criminal court, if the forensic evidence is abundant and flawless, what would you expect of an attorney or attorneys ? In civil court, most cases are referred to a mediation first. While failing to show has a bearing on a case, making no attempt at mediation does not. On a small side note for civil cases, the Florida Bar or Orange County Bar does offer a free mediation service at no charge to either party. So there can be a cheaper way out should both parties be so inclined. Did that answer any qiestions or leave you with some more ?
Meb452m read my blog
Mar 23, 2008 | 1:30 AM

One more point Norty. In a jury trial, both attorneys select the juriorists. No outside source is suppossed to influence their decision. Attorneys aside, do jurys always make the right decision ? In my belief,absolutely not ! Do judges agree with jurys, abide by sentencing guidelines, reccomendations or other cases that would provide legal precident ? In my belief, absolutely not !
Page 1 of 2
1
2
 Last


Write your comment below:




northton

I like sharing ideas and ideals in an open forum. I may not like what you have to say but you can still say it here. Whatever you think, join the blog! Come and debate on an open forum like mine where free speech cannot be denied!* *Except by TOS, applicable copyright laws, and the whims of FOX.

Member Since: 1/23/2007


 

View All Photos


RSS: XMLWhat is RSS?