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8 pages/β‰ˆ2200 words
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APA
Subject:
Law
Type:
Case Study
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English (U.S.)
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Topic:

Ballew v. Georgia and Burch v. Louisiana

Case Study Instructions:

Ballew v. Georgia and Burch v. Louisiana
Case Review: Ballew v. Georgia, 435 U.S. 223 (1978) and Burch v. Louisiana, 441 U.S. 130 (1979).
Introduction
The Sixth Amendment of the U.S. Constitution guarantees criminal defendants to the right to a public trial without unnecessary delay, the right to an attorney, the right to an impartial jury, and the right to know their accusers and the nature of the charges or evidence against them.
Prepare
Analyze the following cases: Ballew v. Georgia and Burch v. Louisiana.
Instructions
Write an 8–10 page paper in which you do the following:
Prepare a 2–3 page briefing on the case that you reviewed in which you utilize the following areas of importance: a) issue presented; b) short answer; c) the facts of the case; d) a summary of the case; and e) a conclusion of the case outcome.
Examine the reasoning behind the U.S. Supreme Courts holding in Ballew v. Georgia and Burch v. Louisiana that a conviction by a unanimous five-person jury in a trial for a non-petty offense deprives an accused of his right to trial by jury.
Discuss the historical background behind the right to a twelve-person jury under the Sixth Amendment to the U.S. Constitution. Provide relevant examples of such historical importance to support the response.
Analyze the role of the jury as defined by the Sixth Amendment of the U.S. Constitution.
Discuss the fundamental protections available to a defendant under the Sixth Amendment as they relate to the concepts of a speedy trial, impartial jury, and the right to face their accusers. Provide a rationale for the response.
The Sixth Amendment guarantees a criminal defendant the right to a trial by an impartial jury. However, jurors are human with biases, prejudices, and preconceived notions about individuals or groups. Provide two examples of when a jury bias becomes jury misconduct. Next, provide two ways to ensure that a criminal defendant receives his or her guaranteed right to an impartial jury. Justify the response.
Use at least three quality references. Note: Wikipedia and other websites do not qualify as academic resources. Visit the Strayer University Online Library.

Case Study Sample Content Preview:

Ballew v. Georgia and Burch v. Louisiana
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Ballew v. Georgia and Burch v. Louisiana
The bill of rights allows every American an opportunity to a fair trial. America has a history of guaranteeing its citizens most of their fundamental rights even when accused of various crimes. In an attempt to continue their liberties, the constitution, through the 6th Amendment, guarantees the accused the right to fair trials through the constitution of a jury of severe crimes. The jury system in the U.S. bears a long historical standing with various controversies attached. The Ballew v. Georgia and Burch v. Louisiana are two of the many cases that form precedence in the application of juries in severe cases and an understanding of the different thresholds that juries must meet. This paper analyzes the right to fair trial from the juries through the lenses of Ballew v. Georgia and Burch v. Louisiana changed the basics of the constitution of juries in the U.S. courts. An exploration of the two cases should explain the different thresholds and scopes of the right to a fair trial and the protections available to a defendant under the Sixth Amendment as they relate to the concepts of concepts such as a speedy trial, impartial jury, and the right to face their accusers.
Ballew v. Georgia Case Brief
Brief Fact Summary
A five-person jury convicted the petitioner.
Synopsis of the Rule of Law
The petitioner argued that a 5-person jury was unconstitutional because it contravened the fundamental importance of juries under U.S. law. A further reduction of the number of the jury below six prevents juries from attaining constitutional significance, limits the juries’ representation of their communities, causes untoward differences in verdicts, and promotes inaccurate and possibly biased decisions by the jury.
Facts
According to Georgia law, the petitioner, Claude Davis Ballew, was charged with committing a misdemeanor and was subjected to a five-person jury trial. The petitioner was convicted. Ballew appealed the decision arguing that a 6-person jury is permissible under Williams v. Florida, 399 U.S. 78. The petitioner further indicated that a jury of fewer than six people contravened the law. The Georgian courts rejected the defendant’s prayers.
Issue
The rejection of the petitioner's request on the number of jury present on his cases triggered a special constitutional issue. The issue was whether the state trial to a five-person jury deprived the petitioner of his right to a fair trial according to the 6th and 14th Amendments.
Summary
The constitution protects the rights of all the defendants in all criminal prosecutions. Through the 6th Amendment, the law demands that the accused enjoys the right to an impartial jury of the state or district wherein the crime is committed. The 6th Amendment, however, does not explicitly state the number of persons in a constitution of a jury. Having been convicted, Ballew exploited the inputs of the 6th Amendment as read by the precedent set in Williams v. Florida, 399 U.S. 78 to appeal that the 5-person jury that ruled on his conviction was unconstitutiona...
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