The Bill of Rights Grants Specific Rights to Criminal Defendants

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Assignment Details
Assume that you are working at a local criminal defense law firm. The managing partner has asked you to research the following issues. The attorney anticipates that these issues could arise in a criminal case that your firm has accepted.
State and local governments must obey the Bill of Rights. Write a 2–3-page paper that considers the following:
During a state criminal prosecution, a defendant is guaranteed many rights through the Due Process Clause of the 14th Amendment to the Constitution. Almost all of the Bill of Rights have been incorporated through the 14th Amendment and apply to the states. Select 1 of these constitutional guarantees that you believe is the most important, and provide an example of how this constitutional right of a state defendant might be violated during the criminal process.
Could this violation form the basis of an appeal if the defendant is convicted?
To which court can the verdict from a state trial be appealed (use your state as an example)?
To which court can the verdict from a federal trial court be appealed (again, use your specific federal courts as an example)?
Is there an intermediate court of appeals in your state or federal system?
What is the court of last resort (highest appeals court) in your state and in the federal courts? Does this court have original jurisdiction over any criminal actions?
Please provide citations to your references at the end of your assignment in a Reference section.

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The Bill of Rights Grants Specific Rights to Criminal Defendants
The bill of rights grants specific rights to criminal defendants. Citizens accused of felonies have the right to a grand jury trial in a federal court under the Fifth Amendment. The state gives the rights to citizens against Double jeopardy, which stipulates that at no point should someone be tried twice for the same offense. In criminal courts, you cannot be forced to testify against yourself. The government cannot deny you your right to life, liberty, and the pursuit of happiness without following the proper procedures. Your personal property cannot be taken or retained by the government for its use without first paying you a fair price (Levenson, 2020). According to the 6th amendment, all citizens of the United States are entitled to a speedy trial with a fair jury. If they choose, they have the right to representation by an attorney. Additionally, they have a right to confront the accuser of the crime. According to the 8th amendment, a person's punishment must be appropriate for the crime they committed, it cannot be cruel, and the fines levied cannot be excessively high.
The Fifth and Sixth Amendments, in my opinion, guarantee defendants in criminal cases the two most significant rights. The phrase "pleads the Fifth" is probably the part of the Fifth Amendment that is most well-known. When I hear about the rights guaranteed by the Fifth Amendment, I always picture this. This merely states that someone is not required to incriminate or testify against themselves (Levenson, 2020). The 6th amendment is significant because it ensures that the government cannot drag out your trial indefinitely, that defendants have the option of hiring counsel, and that they are permitted to identify their accusers.
United States v. Windsor, 2013, is the case I choose to discuss in this paper. I opted for this case since the defendant's rights, as stipulated in the "equal protection clause," which is part of the 14th amendment, were infringed. Because she wasn't treated equally under the same conditions as other U.S. residents, the government violated her rights.
Case: United States v. Windsor, 2013
Verdict: Legally w...

Updated on January 26, 2024

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The Bill of Rights Grants Specific Rights to Criminal Defendants

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