Sixth Amendment Essay Example | Topics and Well Written Essays - 750 words

Sixth Amendment - Essay ExampleA ruling in a federal tourist court backed the presidents powers to confine an American citizen without ladder for security purposes or when seen as aiding terrorist attacks, on a next consideration of the sixth amendment the above action by the president is a gross violation of merciful repairs as stipulated in the bill of unspoilts (Shea, 58). The failure of the state to accord Padilla a speedy trial as allowed in the sixth amendment. Through the due wait on clause of the fourteenth amendment, which protects the, defendant from delayed trial since the time of indictment to the beginning of the case. The constitution allows a period of six months within which the prosecution should have trial on all felonies, apart from murder cases however, Padilla went through unlawful confinement for more than one-third years this indeed was a violation of the law. Padilla denial of the right to assistance of counsel or both(prenominal) attorney represent ative, in 2003 Paul.D.Clement then the deputy solicitor general. Stated in court that the accused had no right to a counsel assistance. On his attempt to challenge the presidents declaration of him as an enemy combatant. He went on to argue that the laws of war do not recognize the rights of such an individual as in ordinary criminal law, however, this was a complete contradiction. To the precedents of a similar situation where president Washington. given(p) Major John Andre who was a British spymaster also Benedict Arnolds intelligence handler a commonplace trial. According to Abadinsky in his book he stipulates well that going by to the practice of the judicial governing body an individual should stand trial in the state and district where the crime took place, however, while, in different wait centers, it was unknown where he could stand trial. Padilla went through solitary confinement, sleep deprivation among other inhumane treatments. Padilla heart up enhanced interrogat ion, which also torture by international law. This was a gross violation of civil liberties in the pretext of safeguarding national security (Howard Abadinsky, 129). For the whole time in prison, Padilla faced of with witnesses against him which is not in rake with the sixth amendment. Whos clause on confrontation provides the accused with the right of confrontation. To enable him meet with the witnesses face to face for cross examination. Through detention and denial of a speedy and public trial. Padilla did not exercise his right to call his own witness to counter the accusations as provided by the sixth amendment. In the compulsory process clause, which allows defendants. To introduce their own case during the trial, this would have compelled the prosecution to release evidence. For the benefit of Padilla prior to trial creating a fair chance of defense. Such violation in its own stance could qualify for the reversal of any conviction made before the defendant. Though the presid ent claimed to have gained the powers from the congress. Through various resolutions, they become do when the country is at war however, it is worth considering that. The so-called war on terror was not war rather it was just a rhetoric. Since the congress is the only chamber that declares war, and it has never done so since terra firma war two. In my own conclusion, it is evident that the unlawful detention of Padilla was a precedent to the abolition of the right to trial