Showing posts with label 6th Amendment. Show all posts
Showing posts with label 6th Amendment. Show all posts

10 April, 2021

And They Say Celebrities Aren’t Stupid

Oh wait. Who says that? No one, I hope.

Let me introduce you to the U.S. Constitution, Article III, Section 2.

Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

And the Sixth Amendment to the Constitution:

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.

The Right to a Jury Trial – FindLaw

What is actually “so pathetic” is that Ms. Handler and so many of her followers think that her statement is true.

30 July, 2008

The Candidates and the Sixth Amendment

This is the sixth post in an ongoing series regarding the major Presidential candidates and their views on civil liberties.

This post is about Senator John McCain's (R-AZ) and Senator Barack Obama's (D-IL) views pertaining to the Sixth Amendment of the Bill of Rights. This amendment follows up on the Fifth nicely and discusses criminal trials.

Here's the text:

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 where in 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.

Another sort of "kitchen sink". We've got speedy and public trials, impartial juries, facing accusers, providing witnesses, knowing what the charges are, and defense counsel.

As usual, we'll look at Barack Obama first.

Ok, I'll be honest. I can't find anything on Barack Obama with respect to any part of the Sixth Amendment except in relation to the Guantanamo detainees. He appears to be in favor of providing Sixth Amendment protection to the detainees.

And now to John McCain.

I can't find anything on him either. If you search "john mccain" and "sixth amendment" or "trial by jury" using your favorite search engine, you'll get a few hits, only to discover that those are just pages that happen to have both of those items mentioned. Once again, he was opposed to providing Sixth Amendment protection to the detainess.

You'll notice that I once again added in how the candidates feel about rights for enemy combatants. However, I will once again, be ignoring those feelings when assigning grades. I feel that rights granted to enemy combatants are at best peripheral to the discussion of American citizens rights.

Grades?

Obama: A+

McCain: A+

Sixth Amendment: No Advantage

UPDATE: Grades lowered per this post.

Results so far:

Obama McCain
First Amendment* F
D-
Second Amendment D- C-
Third Amendment B B
Fourth Amendment D+ D+
Fifth Amendment D+ B-
Sixth Amendment B B

* Obama's First Amendment grade lowered as documented in this post.


UPDATE: Obama's First Amendment grade lowered to F as documented in this post.