The Bill of Rights 6th & 7th Amendment.

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Presentation transcript:

The Bill of Rights 6th & 7th Amendment

The Sixth Amendment — The Sixth Amendment to the U.S. 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 defense. — The Sixth Amendment to the U.S. Constitution

Trial by Ordeal Old Forms of Trials - The judge would perform a series of dangerous tests, mostly forms of torture. - You would be declared innocent if you weren’t harmed, or your wounds miraculously healed. - Classically, the test was one of life or death and the proof of innocence was survival; typically involving fire or water. Old Forms of Trials

Trial by Combat Old Forms of Trials - In the absence of witnesses or a confession, the two people would fight each other to see who was right. - If you weren’t a good fighter, you could hire a champion to defend you. - The winner of the fight was proclaimed to be right. Those who lost the fight were usually killed. Old Forms of Trials

Trial by Oath Old Forms of Trials - People accused of a crime only had to swear, or take an oath, that they were innocent. - They must find two supporters in the community to say they are trustworthy people. - To lie under oath would be to risk being banished. Old Forms of Trials

Explanation

Vocabulary Impartial Jury - Unbiased, neutral; a fair group of random citizens listening to a case Ascertained - To find something out for certain, make sure of Informed - To tell, communicate Compulsory - Required by law or rule, mandatory Counsel - Guidance during a trial, a lawyer or legal defense

The Seventh Amendment In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. — The Seventh Amendment to the U.S. Constitution

Explanation To reassert trial by jury for both criminal and noncriminal (civil) cases. In 1791, $20 was a lot of money (equivalent to ~ $400 in todays dollars). Today, anything less than $75,000 will not be handled in a federal court.