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Bill Of Rights By Fyodor Dostoevsky

642 Words3 Pages

“You can judge a society by how well it treats its prisoners.” This is a view stated by Fyodor Dostoevsky on the arguments regarding accused people or convicts. When you meet a person who was previously or presently accused of a crime, what would be your reaction? In a study conducted by Charles F. Nsanze, it was proved that there are very few people who would be happy to welcome them. A person, whenever accused of a crime, would definitely receive the thirst for blood of the people around him. Most people would be against him, and the law that would protect him during such dire situations would be the Bill of Rights which is projected in Article III of the 1987 Constitution. The Bill of Rights, as a fundamental characteristic of our system, …show more content…

They need protection. They need protection from the people. They need protection from prosecutors. And they need absolute protection from the society. But just what kind of protection do they need? The most innocent man, pressed by the awful seriousness of public accusation and trial, may be incapable of supporting his own cause. He may be utterly unfit to question the witnesses against him, to point out the contradictions or defects of their testimony, and to counteract it by properly introducing it and applying his own. This is where he needs a support. He has to have the right to the freedom of expression and place his own opinions and beliefs about the matter through an expert counsel. If ever that person cannot afford the services of a counsel, he must be provided with one (Section 12). William Rawle, a Philadelphia lawyer, supported such statement through a reminder of the incident in Alabama in 1931. This innocent man, if not given the chance of a proper trial (Section 14 (2)) (Section 16), will inevitably be rid of the chance to set out the proper truth. He will be held to answer for a criminal offense, which he did not even commit, without any suitable process to undergo (violates Section 14 (1)), or may even be tortured/intimidated to admit something that did not happen (violates Section 12

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The appellant and various other members of the conspiracy were then arrested. As the trial was conducted, the appellant’s conviction was inevitable. There was overwhelming prosecution evidence of his guilt, to which the appellant added admissions on oath in the course of giving evidence at his trial. However, he would not have done so but for the prosecution evidence; a perusal of the material portion of the trial record reveals that the appellant’s purpose in giving evidence was to demonstrate how his involvement was connected to the activities of law enforcement officials and their agents.

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The trial court denied these motions and the statements were used at trial. The jury found petitioner guilty of murder and was sentence to a 24-year prison term. On appeal, Petitioner argued that he had not “knowingly and intelligently” waived his 6th amendment right to counsel before he gave his uncounseled post indictment

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A decision held that under the Sixth Amendment, the defendant’s counsel had not met the standards of reasonable competence required of a defense. Even if a defendant and their family suggested that no mitigating evidence was available, it is required to use reasonable effort in obtaining and reviewing materials that the counsel expects prosecution to use as evidence during sentencing. The reasoning behind this decision argued that Rompella’s trial counsel did not make sensible efforts to examine the files on Rompilla’s prior convictions for rape and assault. The Court stated that the counsel should have known prosecution would present those files to the jury during sentencing, and that the information on Rompilla’s prior conviction would have found mitigating evidence about his mental health, childhood, and alcoholism that could have been used for a proper

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However, the jury in Mr. Nealy trial heard the entire case, including both eye-witnesses’ and found their testimony to be credible. Mr. Nealy is very ardent in his believe that he is innocent and consistently throughout his trial argued with his attorney about how to proceed in the case because he did not feel that his attorney was going about his defense properly. Those arguments are on the record. In fact, in a pre-trial hearing Mr. Nealy moved to have his trial counsel dismissed. However, the court denied that motion and Mr. Nealy trial counsel was very active during the trial, objecting often and making several extensive arguments at bench conferences on behave of Mr.

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* * * I feel that it would be impossible to ensure that there were the safeguards in place to protect society from your possible actions.” (victim parent, 2002). As empathetic starts, citizens will side with the victims of the defendant’s crimes because they belief the defendant’s crimes were out of evil and cruel torture and deserves all the punishment he can get and not get a break and let back to society where he has the ability to commit potential

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Five percent of U.S citizens have been wrongfully convicted. The book “Monster” written by Walter Dean Myers is about Steve who is on trail for a murder that he didn’t commit. There is agreeance with the jury that Steve isn’t guilty because there is a lack of evidence of his involvement and it is inferred that Steve doesn’t have a criminal record. To begin with, there was a lack of evidence of Steve’s involvement. The author wrote “one of the men arguing she points to King”(Myers 114).

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In 1838, Henry B. Truett was convicted of the murder of Jacob Early. Early (a physician) and Truett became enraged in a political quarrel; a quarrel that was provoked by Truett. His young, inexperienced attorney—who had been practicing law for less than two years—spoke to the jury in a controversial yet engaging tone. The young attorney painted the events that led to the murder of Early in vivid color for the jury. While Truett had provoked Early, Early’s rage grew to such levels Truett felt his life was in imminent danger.

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Perceptions from others can be cruel. Criminals are often thought of negatively by themselves and are also disrespected by others in society. The novel Monster presents the impressions people have about Steve Harmon, an accused criminal on trial for robbery and murder. Furthermore, the text explains Steve’s views of himself during and after time in prison from first person point-of-view. The novel Monster by Walter Dean Myers highlights the various perceptions that exist about an accused criminal.

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In 1982 the Canadian Constitution was patriated in Canada, and with it came the Charter of Rights and Freedoms, a document that set out to create a just society with liberty and justice for all (3). This new constitutional document however, may not be the beacon for social justice that it has been trumped up to seem. In Joel Bakan’s book, “Just Words: Constitutional Rights and Social Wrong,” he argues that the document is inherently flawed because it is enforced through the means of conservative institutions (3). In this book review I argue that the book does an effective job critiquing the Charter. The paper will be formatted in the following way.

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Powell v. Alabama is a landmark case that addressed the right to counsel for defendants in criminal cases. The case came from the conviction of nine African American kids who were accused of sexually assaulting two white women on a train in Alabama in 1931. The nine kids were tried and convicted in a rushed trial that barley lasted a few hours, in which they were not provided with a legal counsel and were subject to intimidation and threats from the prosecution and the people outside the courthouse. The case raised important questions about the rights of criminal defendants to due process, legal counsel, and equal protection under the law. The ruling in the Powell v. Alabama case established the principle that even criminals are

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In the Supreme Courts examination, they assessed whether or not the Sixth Amendment’s right to counsel in criminal cases extended to felony defendant in state courts (Oyez,

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This practice was not executed by the American colonies and most of the original thirteen states gave defendants in all cases the right to have layers. Never the less, the United States’ Supreme Court was faced through the years with cases involving criminals who cannot afford legal counsel. The question at hand was whether they should be granted the right to a lawyer at public expense, or whether the Sixth Amendment guaranteed that the government could not stop defendants from hiring one. An important

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Author's name and Qualifications The Bill of Rights is a formal document that has the first ten amendments of the U.S. Constitution; so the author of the ninth amendment was James Madison who wrote the Bill of Rights. On June 8, 1789, James Madison went to the U.S. Congress and proposed a series of changes to the new Constitution. He argued that the Constitution wouldn’t be complete unless amendments were added that would only protected an individuals' rights. One of his qualifications was that Madison had gone to preparatory school and then to college at Princeton.

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The defendant is not guilty, but somebody in this courtroom is" (Harper 203). This

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