Jury Trial Analysis

Running head: JURY TRIAL ANALYSIS

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Jury Trial Analysis Jeffrey Stahlberger CJA/364 September 8, 2014 Dr. Bobby Kemp

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Jury Trial Analysis In the United States the creation of the constitution protects our personal rights. Not everyone knows what rights they have when charged with a crime. The creation of the Sixth Amendment protects our right to a speedy trial, public trial, and an impartial jury. (Farlex, 2014)

Speedy Trial One question that remained unanswered until 1966 was what constitutes a speedy trial. The Supreme Court finally addressed the Sixth Amendment’s speedy trial provision in the court case of United States v. Ewell. From this court case the Supreme Court identified three distinct advantages of having a speedy trial. “(1) It prevents excessive incarceration; (2) it minimizes anxiety experienced by the accused as a result of a publicized accusation; and (3) it prevents damage to the defendant’s case resulting from too much delay” (Worrall, 2012, pg.410). In 1972 the Court added to the previous reasoning, in the case of Barker v. Wingo, by examining how an accused that cannot afford bail must remain in custody. In the case of Barker, Mr. Barker could not afford bail and spent 10 months in the local jail during his trial. The Court looked at the negative long term effects of prolonged exposure to time behind bars. The Court stated: “Lengthy exposure to these conditions “has a destructive effect on human character and makes the rehabilitation of the individual offender much more difficult” (Worrall, 2012, pg. 410). In addition the loss of wages that Mr. Barker was forced to endure greatly affected his financial status. Society and the government also benefit from a speedy trial, first being the opportunity for a guilty verdict to be secured quickly. (Worrall, 2012) Secondly a speedy trial reduces the time the accused has out on bail to possible commit other crimes. Lastly if a

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