Is it possible to get a truly fair and impartial trial in the United States? Identify and explain three procedural safeguards that are in place to make sure that the process is fair.
REPLY TO MY CLASSMATE’S RESPONSE TO THE ABOVE QUESTIONS AND EXPLAIN WHY YOU AGREE? (A MINIMUM OF 125 WORDS or MORE EACH QUESTION)
The sixth amendment was drafted to correct what the framers perceived as issues within the English justice system (Epstien & Walker, 2016). There are several procedural safeguards in the sixth amendment that are in place to ensure fairness and impartiality throughout the criminal prosecution process. While not all-inclusive, some of the protections guaranteed are the right to a trial by a jury of one’s peers, a right to confront the accuser, and the right to counsel. If the accused is provided an attorney for a consultation, the belief is that there is someone who will ensure that their rights are protected. The right to confront one’s accuser guarantees that one cannot be charged with a crime unless someone is there for them to confront with regard to the nature of the offense as well as to counter examine and the right to a trial by a jury of one’s peers was designed to ensure that those making a determination of guilt were representative of who they might be bringing verdicts against. The largest threat to a fair trial is the plea-bargaining process. As Epstien and Walker (2016) report, less than ten percent of all criminal prosecutions go to trial. The trials might be fair, but most cases never see the trial process because it is timely and more cost-effective to settle cases prior to a full-blown trial.
Epstein, L. & Walker, T.G. (2016). Constitutional law for a changing America. [VitalSource Bookshelf version]. Retrieved from https://online.vitalsource.com/#/books/9781483384023/