Monday, September 20, 2010

Amendment 6

1. Source: Justices Rule Lab Analysts Must Testify on Results. June 25,2009.
http://www.nytimes.com/2009/06/26/us/26lab.html?_r=1&scp=1&sq=Melendez-Diaz%20v.%20Massachusetts&st=cse

2. Constitutional Connection: Amendment 6 Right To A Speedy Trial,Confrontation of Witnesses.

  "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 defence."

3. Explanation of Connection:

     The sixth amendment allows all accused the right to a trial with a small jury in the state the law was broken or crime committed. It also grants the accused of witnesses they approve of and the right to have the people who are testifying against them present. This last part of this amendment was broken recently in a court case of Melendez-Diaz vs. Massachusetts.

    This article clearly demonstrates amendment six because it shows how it was broken in court. A man was caught with drugs year ago in Virginia. His name was Mark Briscoe, and he was denied his sixth amendment. He was denied his sixth amendment right because the scientist with the data from the drugs was not present at the trial. This violates his right to be confronted with the witnesses against him. By being denied this right the scientist can not explain or fix any short comings or mistakes in the information he or she sent to the court.

    This amendment can put a large burden on all people who work on evidence such as scientists. They will have to attend every court case just to explain something as simple as drugs. I do not like this part, but if they are present at the cases any small mistakes that can cause the criminal to be punished can be solved, and can possibly save someone's life. It is a waste of time to the witnesses, but it is the thin line to jail time and freedom to the accused.

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