Full Answer
United States, 397 U.S. 742 (1970) has held that plea bargaining is constitutional. The Supreme Court, however, has held that defendants’ guilty pleas must be voluntary, and that defendants may only plead guilty if they know the consequences of doing so. McCarthy v. United States 394 U.S. 459 (1969) .
This post will focus on the Sixth Amendment and Plea Bargaining. For the purposes of this post, “plea bargaining” refers to “agreements between defendants and prosecutors where defendants agree to plead guilty to some or all the charges against them in exchange for concessions from the prosecutors.”
Furthermore, when defendants do accept a plea bargain, judges have limited ability to ensure that their decisions are made knowingly, voluntarily, and intelligently.
Perry, 417 U.S. 21, 30 (1974)) (holding guilty plea did not bar defendant “from challenging the constitutionality of the statute of conviction on direct appeal” ). See also Menna v.
The Seventh Amendment extends the right to a jury trial to federal civil cases such as car accidents, disputes between corporations for breach of contract, or most discrimination or employment disputes.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
The right to counsel refers to the right of a criminal defendant to have a lawyer assist in his defense, even if he cannot afford to pay for an attorney. The Sixth Amendment gives defendants the right to counsel in federal prosecutions.
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The Fifth Amendment to the U.S. Constitution guarantees that an individual cannot be compelled by the government to provide incriminating information about herself – the so-called “right to remain silent.” When an individual “takes the Fifth,” she invokes that right and refuses to answer questions or provide ...
The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn't listed, it belongs to the states or to the people.
The Seventh Amendment (Amendment VII) to the United States Constitution is part of the Bill of Rights. This amendment codifies the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact.
The Ninth Amendment of the United States Constitution states that the federal government doesn't own the rights that are not listed in the Constitution, but instead, they belong to citizens. This means the rights that are specified in the Constitution are not the only ones people should be limited to.
The Twelfth Amendment requires a person to receive a majority of the electoral votes for vice president for that person to be elected vice president by the Electoral College. If no candidate for vice president has a majority of the total votes, the Senate, with each senator having one vote, chooses the vice president.
Passed by Congress on January 31, 1865, and ratified on December 6, 1865, the 13th amendment abolished slavery in the United States and provides that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or ...