Introduction
The Sixth Amendment of the U.S. Constitution guarantees criminal defendants:
- The right to a public trial without unnecessary delay.
- The right to an attorney, the right to an impartial jury.
- The right to know one's accusers.
- The nature of the charges or evidence against them.
Preparation
Analyze the following U.S. Supreme Court cases:
Reference the following case brief examples:
- Speedy Trial Case Brief Example Download Speedy Trial Case Brief Example.
- Impartial Jury Case Brief Example Download Impartial Jury Case Brief Example.
Instructions
Write a 4–6 page paper in which you:
- Explain the fundamental protections available to a defendant under the Sixth Amendment related to the concepts of a speedy trial, an impartial jury, the role of the jury, and the right to face one's accusers.
- Prepare a one-page case brief of Ballew v. Georgia.
- Prepare a one-page case brief of Burch v. Louisiana.
- Analyze the reasoning behind the U.S. Supreme Court's holding in Ballew v. Georgia and Burch v. Louisiana that a conviction by a unanimous five-person jury in a trial for a non-petty offense deprives an accused of the right to trial by jury.
- Support your writing with at least three credible, relevant, and appropriate academic sources.
- Write in an articulate and well-organized manner that is grammatically correct and free of spelling, typographical, formatting, and/or punctuation errors.
This course requires the use of Strayer Writing Standards (SWS). The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all support. Check with your professor for any additional instructions.
The specific course learning outcome associated with this assignment is:
- Evaluate the role of the Sixth Amendment in U.S. trials.
6TH AMENDMENT – Burch v. Louisiana
Case Brief Assignment template
· Analyze the reasoning behind the U.S. Supreme Court's holding in Burch v. Louisiana that a conviction by a unanimous five-person jury in a trial for a non-petty offense deprives an accused of the right to trial by jury.
· Support your writing with at least three credible, relevant, and appropriate academic sources.
Name of Case Burch v. Louisiana, 441 U.S. 130 (1979)
Student Name: Click or tap here to enter text.
Professor Name: Click or tap here to enter text.
Date: Select the Date
Facts of the Case
1. Provide a brief description of the facts surrounding the Burch case.
2. Highlight the specific charge against Burch and the jury composition (i.e., six-person jury for a non-petty offense, and its relation to the unanimous verdict requirement).
Procedural History
1. Describe the procedural history of the case leading up to the Supreme Court's decision, including the trial court's ruling and any appeals.
Issue(s)
1. Does a conviction by a six-person, non-unanimous jury in a non-petty offense trial deprive a defendant of the right to a trial by jury?
Decision by the Court
1. Describe the decision of the court.
Reasoning and Rule of Law Applied by the Court
1. Describe the reasoning and rule of law applied by the court.
Analysis and Importance of the Case
1. Provide an analysis of the importance of the case.
Conclusion
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6TH AMENDMENT Ballew v. Georgia
Case Brief Assignment template
· Analyze the reasoning behind the U.S. Supreme Court's holding in Ballew v. Georgia that a conviction by a unanimous five-person jury in a trial for a non-petty offense deprives an accused of the right to trial by jury.
· Support your writing with at least three credible, relevant, and appropriate academic sources.
Name of Case Ballew v. Georgia, 435 U.S. 223 (1978)
Student Name: Click or tap here to enter text.
Professor Name: Click or tap here to enter text.
Date: Select the Date
Facts of the Case
1. Provide a brief description of the facts surrounding the Ballew case.
2. Highlight the specific charge against Ballew and the jury composition (i.e., five-person jury for a non-petty offense).
Procedural History
1. Describe the procedural history of the case leading up to the Supreme Court's decision, including the trial court's ruling and any appeals.
Issue(s)
1. Was the use of a five-person jury in a non-petty offense trial a violation of the defendant's constitutional right to a trial by jury under the Sixth Amendment?
Decision by the Court
1. Describe the decision of the court.
Reasoning and Rule of Law Applied by the Court
1. Describe the reasoning and rule of law applied by the court.
Analysis and Importance of the Case
1. Provide an analysis of the importance of the case.
Conclusion