Homework Question on Defendant’s Right
- Answer the following scenario questions in essay style (go in-depth in your response).
- Use APA format to cite sources.
- Why is the First Amendment relevant when discussing the right to a public trial?
- Explain both elements of the defendant’s right to be present. Cite pertinent cases.
- Explain the exceptions to the defendant’s right to live testimony.
- Summarize two Supreme Court decisions that address compulsory process: one in favor of the defense and another against the defense.
Homework Answer on Defendant’s Right
This paper addresses four scenario questions. First, it explains why the 1st Amendment is relevant in relation to right to a public trial. Second, citing pertinent cases the paper discusses the two elements of the defendant’s right to be present. Thirdly, the paper highlights the exceptions in which the defendant’s right to a live testimony is denied. Finally, this paper summarizes two court cases regarding compulsory process. The defendant of the first case is known as Rovario whereas the second case concerns Valenzuela-Bernal.
The first amendment is very important as far as the right to public trial is concerned there. This amendment guarantees the accused to be tried without unwarranted delays as well as to be represented by a lawyer (Cook, 2014). Besides, a criminal defendant cannot be charged unfairly; therefore relatives, friends, and the press must be present in a courtroom to witness the charges. This provides an opportunity for the defendant to be aware of the charges made against him or her and to meet with the accuser as they table their testimonies.
The First amendment also concedes the criminal defendant a right for a fair trial by an impartial jury. The freedoms guaranteed by the First Amendment promote democracy through the free exchange of information without any coercion from the authorities .The N.C and the U.S constitutions stipulate that a defendant has a right to be present at the commencement of the trial and throughout the entire process. According to Cook (2014), the presence of the defendant is very crucial, especially at the stage where the defendant is required to confront the witnesses as they present their testimonies and evidence.