Legal Rights of the Justice System
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- Date Submitted: 10/19/2013 05:00 PM
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Legal Rights of the Justice System
A defendant has a right to be competent at trial, he must be mentally competent to understand the nature of trial proceedings, if not trial must be postponed until such time he’s found to be competent and capable to participate in his trial. The defendant can be tested at again at any time during the trial if it is believed they are unable to communicate with counsel rationally, or now doesn’t understand the trail proceedings.
Also in 1992 a case involving Riggins v Nevada the U.S Supreme Court ruled that forced treatment of defendant is allowed and does not violate his rights if it is medically necessary or for the defendants or others safety. This treatment could force the defendant to become ready to stand trial by the methods taken.
If this right was no longer upheld, trials would be unfair to the defendant. There would be prisons full of mentally incompetent people that do not know how to function in prison and some of who may possibly be innocent. Having mentally incompetent in prison can be dangerous; they could be taken advantage of if not hurt or killed.
The Sixth Amendment also gives all accused the right to confront their witnesses in criminal cases. This right doesn’t apply to murder case where witness is deceased, or child abuse cases which seeing the abuser may do more harm. This includes the right to appear in person at trial, but may choose not to or be removed if not acting appropriately in court. Having the witness in court and under oath makes it less likely they will lie. It allows the court and jury to the witness and judge for themselves credibility. If the witness lies while under oath they are subject to be arrested for perjury.
If the confrontation right was no longer upheld, we could and possibly would have people accusing others of crimes they didn’t commit. They accused would have no way to defend themselves except by their word and any evidence that may be available. The right to confront...
A defendant has a right to be competent at trial, he must be mentally competent to understand the nature of trial proceedings, if not trial must be postponed until such time he’s found to be competent and capable to participate in his trial. The defendant can be tested at again at any time during the trial if it is believed they are unable to communicate with counsel rationally, or now doesn’t understand the trail proceedings.
Also in 1992 a case involving Riggins v Nevada the U.S Supreme Court ruled that forced treatment of defendant is allowed and does not violate his rights if it is medically necessary or for the defendants or others safety. This treatment could force the defendant to become ready to stand trial by the methods taken.
If this right was no longer upheld, trials would be unfair to the defendant. There would be prisons full of mentally incompetent people that do not know how to function in prison and some of who may possibly be innocent. Having mentally incompetent in prison can be dangerous; they could be taken advantage of if not hurt or killed.
The Sixth Amendment also gives all accused the right to confront their witnesses in criminal cases. This right doesn’t apply to murder case where witness is deceased, or child abuse cases which seeing the abuser may do more harm. This includes the right to appear in person at trial, but may choose not to or be removed if not acting appropriately in court. Having the witness in court and under oath makes it less likely they will lie. It allows the court and jury to the witness and judge for themselves credibility. If the witness lies while under oath they are subject to be arrested for perjury.
If the confrontation right was no longer upheld, we could and possibly would have people accusing others of crimes they didn’t commit. They accused would have no way to defend themselves except by their word and any evidence that may be available. The right to confront...