Homework Question on Defendant’s Rights at Trial
- Write a 1,050- to 1,400-word paper in which you articulate how a defendant’s rights at trial can be assured.
- Include how to assure a defendant is provided the following: The right to a speedy trial The right to an impartial judge The right to an impartial jury Include at least three peer reviewed references.
- Format your paper consistent with APA guidelines
Homework Answer on Defendant’s Rights at Trial
The core function of the courts is to administer justice. For this to be accomplished, the parties involved in a case should be accorded their full rights. Most importantly, defendants should be assured their rights at trial as they are normally presumed innocent until proven guilty beyond a reasonable doubt. This can largely be accomplished through assuring a defendant his/her right to a speedy trial, impartial judgment, and impartial jury.
The Right to a Speedy Trial
Although a defendant has a right to a speedy trial, there lacks any precise measurement for determining what is and what is not “speedy”. While this can be a probable cause of lengthy trials, many states have attempted to address the problem by creating laws that specify the time within which prosecutors have to bring the defendants to trial. In the legal context, the term speedy is relative as its interpretation or meaning varies across individuals, even amongst those involved in a particular court case.
However, it is generally agreed that a speedy trial is that which would not make the defendant that his/her defense has been compromised. Speedy trial is essential in ensuring the defendant is not subjected to a lengthy unfounded imprisonment, and also works to minimize the defendant’s anxiety of awaiting the case’s resolution. A defendant’s right to a speedy trial can be assured through several ways.