Learn About the Sixth Amendment Trial by Jury

The Sixth Amendment to the United States Constitution ensures certain rights of individuals facing prosecution for criminal acts. While it is previously mentioned in Article III, Section 2 of the Constitution, the Sixth Amendment is popularly recognized as the source of the right to a timely public trial by jury. As one of the original 12 amendments proposed in the Bill of Rights, the Sixth Amendment was submitted to the then 13 states for ratification on September 5, 1789, and approved by the required nine states on December 15, 1791. The full text of the Sixth Amendment states: 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. Specific rights of criminal defendants ensured by the Sixth Amendment include: The right to a public trial held without unnecessary delay. Often referred to as a â€Å"speedy trial.†The right to be represented by a lawyer if desired.The right to be tried by an impartial jury.The right of the accused to obtain and present witnesses to appear on their behalf.The right of the accused to â€Å"confront,† or question witnesses against them.The right of the accused to be informed of the identity of their accusers and the nature of the charges and evidence to be used against them. Similar to other constitutionally-ensured rights related to the criminal justice system, the Supreme Court has ruled that the protections of the Sixth Amendment apply in all states under the principle of â€Å"due process of law† established by the Fourteenth Amendment. Legal challenges to the provisions of the Sixth Amendment occur most often in cases involving the fair selection of jurors, and the need to protect the identity of witnesses, like victims of sex crimes and persons in danger of possible retaliation as a result of their testimony. The Courts Interpret the Sixth Amendment While the mere 81 words of the Sixth Amendment establish the basic rights of persons facing prosecution for criminal acts, sweeping changes in society since 1791 have forced the federal courts to consider and define exactly how some of those most visible basic rights should be applied today. Right to a Speedy Trial Exactly what does â€Å"speedy† mean? In the 1972 case of Barker v. Wingo, the Supreme Court established four factors for deciding whether a defendants speedy trial right had been violated. Length of the delay: A delay of one year or longer from the date of the defendant’s arrest or indictment, whichever happens first, was termed to be â€Å"presumptively prejudicial,† However, the Court did not establish one-year as an absolute time limitCause of the delay: While trials may not be excessively delayed solely to disadvantage the defendant, they may be delayed in order to secure the presence of absent or reluctant witnesses or for other practical considerations, such as change of trial location, or â€Å"venue.†Did the defendant agree to the delay? Defendants who agree to delays that work in their benefit may not later claim that the delay had violated their rights.The degree to which the delay may have prejudiced the court against the defendant. One year later, in the 1973 case of Strunk v. United States, the Supreme Court ruled that when an appeals court finds that a defendants right to a speedy trial was violated, the indictment must be dismissed and/or the conviction overturned. Right to Trial by Jury In the United States, the right to be tried by a jury has always depended on the seriousness of the criminal act involved. In â€Å"petty† offenses — those punishable by no more than six months in jail — right to a jury trial does apply. Instead, decisions can be rendered and punishments assessed directly by judges. For example, most cases heard in municipal courts, such as traffic violations and shoplifting are decided solely by the judge. Even in cases of multiple petty offenses by the same defendant, for which the total time in jail might exceeding six months, the absolute right to a jury trial does not exist. In addition, minors are typically tried in juvenile courts, in which defendants may be given reduced sentences, but forfeit their right to a jury trial. Right to a Public Trial The right to a public trial is not absolute. In the 1966 case of Sheppard v. Maxwell, involving the murder of the wife of Dr. Sam Sheppard, a popular high-profile neurosurgeon, the Supreme Court held that public access to trials can be restricted if, in the opinion of the trial judge,excess publicity might harm the defendants right to a fair trial. Right to an Impartial Jury The courts have interpreted the Sixth Amendment’s guarantee of impartiality to mean that individual jurors must be able to act without being influenced by personal bias. During the jury selection process, lawyers for both sides are allowed to question potential jurors to determine whether they harbor any bias for or against the defendant. If such bias is suspected, the lawyer may challenge the juror’s qualification to serve. Should the trial judge determine the challenge to be valid, the potential juror will be dismissed. In the 2017 case of Peà ±a-Rodriguez v. Colorado, the Supreme Court ruled that the Sixth Amendment requires criminal courts to investigate all claims by defendants that their jurys guilty verdict was based on racial bias. In order for a guilty verdict to be overturned, the defendant must prove that the racial bias â€Å"was a significant motivating factor in the jurors vote to convict.† Right to Proper Trial Venue Through a right known in legal language as â€Å"vicinage,† the Sixth Amendment requires that criminal defendants be tried by jurors chosen from legally determined judicial districts. Over time, the courts have interpreted this to mean that selected jurors must reside in the same state in which the crime was committed and charges were filed. In the 1904 case of Beavers v. Henkel, the Supreme Court ruled that the location where the alleged crime took place determines the location of the trial. In cases where the crime may have occurred in multiple states or judicial districts, the trial may be held in any of them. In rare cases of crimes that take place outside the United States, like crimes at sea, the U.S. Congress may set the location of the trial. Factors Driving the Sixth Amendment As the delegates to the Constitutional Convention sat down to craft the Constitution in the spring of 1787, the U.S. criminal justice system was best described as a disorganized â€Å"do-it-yourself† affair. Without professional police forces, ordinary untrained citizens served in loosely defined roles as sheriffs, constables, or night watchmen. It was almost always up to victims themselves to charge and prosecute criminal offenders. Lacking an organized government prosecutorial process, trials often devolved into shouting matches, with both victims and defendants representing themselves. As a result, trials involving even the most serious crimes lasted only minutes or hours instead of days or weeks. Juries of the day were made up of twelve ordinary citizens — typically all men — who often knew the victim, defendant, or both, as well as the details of the crime involved. In many cases, most of the jurors had already formed opinions of guilt or innocence and were unlikely to be swayed by evidence or testimony. While they were informed of which crimes were punishable by the death penalty, jurors received few if any instructions from judges. Jurors were allowed and even urged to directly question witnesses and to publically debate the defendant’s guilt or innocence in open court. It was in this chaotic scenario that the framers of the Sixth Amendment sought to ensure that the processes of the American criminal justice system were conducted impartially and in the best interest of the community, while also protecting the rights of both the accused and victims. Sixth Amendment Key Takeaways The Sixth Amendment to the U.S. Constitution is one of the original articles of the Bill of Right and was ratified on December 15, 1791.The Sixth Amendment protects the rights of persons facing prosecution for criminal acts.Also known as the â€Å"Speedy Trial Clause,† the Sixth Amendment establishes the rights of defendants to be given a fair and speedy public trial before a jury, to have a lawyer, to be informed of the charges against them, and to question witnesses against them.The courts continue to interpret the Sixth Amendment as needed to respond to developing social issues such as racial discrimination.The Sixth Amendment applies in all states under the principle of â€Å"due process of law† established by the Fourteenth Amendment.The Sixth Amendment was created to correct the inequities of the disorganized, chaotic criminal justice system prevailing at the time.

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Resourcing Talent Free Essays

Resourcing Talent Report Adrienne Westerdale Attracting and retaining a diverse workforce is very important; there are many organisational benefits for doing so. People of different ages, genders and cultures will bring new skills and ideas to the organisation. A diverse workforce can help to inform companies of new or enhanced products and services as well as open up new market opportunities. We will write a custom essay sample on Resourcing Talent or any similar topic only for you Order Now It can improve market share and broaden an organisations customer base. CIPD defines managing diversity as â€Å"valuing everyone as an individual- valuing people as employees, customers and clients†. Location is a factor that can affect an organisations approach to attracting talent; there are lots of people that will look for work close to their homes to avoid commuting or even relocating. This could become a problem for organisations especially if recruiting for a specialised position such as engineers; it could be that they have advertised the vacancy locally and haven’t had a suitable applicant so will need to look further afield. It may take a little longer to fill the position which could increase the work load for other employees. Again this would have an effect on the organisation as it could lead to employees taking time off due to stress. Salaries would be another factor that can affect the approach to attracting talent. By offering a high salary you are more likely to receive more applicants for the position, however, the company can only offer a specific salary for a specific role. The organisations reputation has a massive affect, maintaining good relationships with employees will help create a good reputation. Offering your staff good benefits and salaries as well as treating them fairly with respect will encourage them to speak highly of the company. Good news travels fast which will attract potential employees to the organisation, however, if you don’t look after your employees you will find it hard to gain their respect which could result in loosing staff. The recruitment methods a company use can determine who they attract when recruiting. There are many things to consider when deciding which methods to use; we must look at the costs of different methods. Advertising can be very expensive, magazines especially. For a black and white quarter page advert a company can look to pay as much as ? ,100 and up to ? 7,650 for half a page. This can also affect an organisations approach to recruitment and selection; as advertising is very costly most companies will be limited to where they can advertise a vacancy which may not attract the appropriate candidate. Recruitment Methods Email: Recruiting through email can be an effective way to recruit internally as everyone within the organisation has access to it; however, there are c hances that some employees may not pick their emails up in time to apply for the position. It could also cause conflict if only certain people are sent the email encouraging them to apply for the vacancy and others within the company aren’t. Notice boards are also used to advertise vacancies internally; there are advantages to these as everyone can see them. Most people will take a look if something new is put up; the advert will have to be bright and bold to attract attention. Notice boards don’t always attract the appropriate candidate and employers can find that most of their applicants are unsuitable for the position. A successful way of recruiting internally would be through talent planning/management; this way the employee has the chance to learn all aspects of the business at different levels while progressing. Methods of external recruitment can be through recruitment agencies; a variety of different external agencies can be employed to undertake some part of the recruitment process on behalf of employers. The good thing about using agencies is that they do all the work for you. They will advertise the vacancy as well carry out a short interview with any candidates to identify if they are suitable to apply. The only downside to using this method is the cost; some private agencies will charge a fee. Some companies may also use the job centre as a method of recruitment; however, some employers are reluctant to use them despite the fact that unlike recruitment agencies they offer free advertising. This is partly because the clientele is mainly comprised of unemployed people, who are perceived to be unskilled or low skilled and therefore inappropriate for many jobs. The recruitment function of an organisation is affected and governed by a mix of various internal and external forces. The internal are the factors that can be controlled by the organisation, whereas the external factors cannot. Examples of internal factors would be: * Recruitment policy * Size of the firm * Cost of recruitment * Growth and expansion Examples of external would be: * Supply and demand * Labour market * Unemployment rate * Competitors Other factors that will affect an organisations approach to recruitment and selection can be the effectiveness of the interview; most interviews will be made up of a panel of interviewers from specific departments of the organisation, it is important to ensure that all panel members are trained in interview techniques. You should make sure you carry out thorough preparation and know the candidate’s background while asking competency based questions linked to the person specification. Allowing sufficient time for the interview is very important and always gives the candidate chance to ask any questions. References can affect the approach to recruitment and selection; Stephen Taylor says â€Å"Like interviews and application forms, it is very widely used but has been found to be of limited value by researchers. As a predictor of job performance it has low validity and has often been found to contain more information about its author than about its subject† (Resourcing and Talent Management, Stephen Taylor. P242) a great deal of time and effort is put in by some employers to chase up references to find that they have little practical value. It is very rare that negative or semi-negative references are made; however, most employers now have a policy of only providing factual information and make no comment about an individual’s suitability at all. The law have made it difficult for employers writing references to know for certain that what they will write will be confidential as unsuccessful candidates now have the right to ask for a copy of their references. Inductions The purpose of an induction is to ensure the effective integration of a new employee into the work place. As well as the usual orientation, a new starter needs to understand the business, where their role sits within the set up and what’s expected of them, as well as being quite clear regarding their terms and conditions of employment. A good induction programme should leave no room for confusion or lack of understanding and should, therefore, induce a feeling of â€Å"belonging†. The employee should then integrate well into the team, have high morale, achieve optimum productivity and therefore be able to work to full potential. In other words- job satisfaction. For the employee it means that all bases are covered and their trained and introduced properly. It also means that all employees receive the same, consistent experience when joining. It ensures that they aware of the company policies and procedures as well as the company ways of working and vision. â€Å"The main reason is that new employees who have undergone an effective induction programme are likely to be competent performers at their jobs more quickly than those whose induction was scanty or non- existent. † (Malcolm Martin and Patricia Jackson, 4th Edition. P110) â€Å"Also, the former group are less likely to leave the organisation at an early stage than the latter group (this phenomenon is commonly known as the ‘induction crisis’ and signifies a dissatisfaction with the job or the organisation or both). (Malcolm Martin and Patricia Jackson, 4th Edition. P110) There are certain subjects that should be covered during the induction; employees need to be informed of the organisations products, services, markets and values, terms and conditions of employment for example; pay, hours of work, holidays and sick pay and pension schemes. During the induction employees will be made aware of the physical layout of the organisation along with their rules and procedures, they will also be told of the background and structure. These subjects will put across using different training methods. On the job training will include: * Demonstration/ Instruction- This is showing the trainee how to do the job. * Coaching- This is a more intense method of training that involves a close working relationship between an experienced employee and trainee. Job rotations- This is where the trainee is given several jobs in succession, to gain experience of a wide range of activities (eg. A graduate management trainee might spend periods in several different departments). * Projects- Employees join a project team- This gives them exposure to other parts of the business and allows them to take part in new activities. Advantages of on the job training are that it’s most cost effective as there are no external training courses to pay for and employees don’t need to be given a day release to attend them. It also means new employees are training alongside real colleagues so get an actual feel for how their working day will run. There are disadvantages however to on the job training; employees may pick up bad habits from those who have been with the company for a long time there is also the potential for disruption to production. The learning environment might not be conductive when carrying out on the job training. Off the job training will include: * Distant learning * Day release * Self-study * Block release course- This may involve several weeks at college. Advantages of off the job training are that a wider range of skills and qualifications can be obtained, employees can learn from outside specialists and experts. It could also mean that employees can be more confident when starting the job. Disadvantages are that it is more experience; companies may need to pay for not only the training course but also for transport and accommodation depending on the location. It could mean lost working time and potential output; once they start the job they may need some further induction training. A big disadvantage to external training courses is the timescales in which they are done. You may book an employee onto a course but will have to wait a couple of weeks for them to attend; this will prevent them from their starting their role. People who will take part in an induction would usually be managers, HR professionals and any trainers depending on the position. Inductions don’t need to be a very formal process but it needs to be properly managed. ACAS run practical training courses to equip managers and HR professionals with the necessary skills to deal with employment relation issues and to create a more productive work place environments. How to cite Resourcing Talent, Essay examples