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History of trial by judge and jury essay
The evolution of the constitution
The evolution of the constitution
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The right to have trial by jury is an easy and simple right letting someone to be able to choose to have their fate be decide by a group of people with having different opinions from different minds letting them have a better chance of finding out the truth, because people have different perspectives in what they see. Which is also a very important right to the freedom we have and to our country. 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. Which defines as if someone gets charged over twenty dollars, then they’re able to ask for a jury to hear their side of the case before they lose their money and once the jury makes their decision they can not change it. This Amendment is important to our freedom because into the decision of the Farmers while they were writing on the Bill of Rights they thought it would only be fair to have an equal court system. …show more content…
In the late 1600’s judges were known as servants to the king. There rulings weren’t always fair so, they debated for their freedom and won their independence that they felt they needed from their king. The Seventh Amendment was created for the sake of the people, allowing them to get a fair trial. Giving each accused a chance to defend themselves, allowing a body of people decide if you will be guilty or innocent instead of having just one judge alone
The American Jury system has been around for quite some time. It was the original idea that the framers of the constitution had wanted to have implemented as a means of trying people for their illegal acts, or for civil disputes. The jury system has stood the test of time as being very effective and useful for the justice system. Now it has come into question as to if the jury system is still the best method for trials. In the justice system there are two forms of trials, one being the standard jury trial, where 12 random members of society come together to decide the outcome of something. The other option would be to have a bench trial. In a bench trial, the judge is the only one deciding the fate of the accused. While both methods are viable
The Constitution guarantees that no person shall be deprived of life, liberty, or property without being taken to court for a fair trial, but that means nothing if the people are not willing to uphold it (Fifth Amendment).
To the American people, a trial by jury was viewed as a fundamental right. To take away the right to a fair trial was an offense they did not take lightly. A trial by jury gave, “…raw power to determine facts and law insulated the people from oppression by the king, judges, and even legislature” (Blinka, 57). For the British government to threaten to diminish that power, was an act that colonists viewed as a threat against their civil rights, and freedoms. In enacting the Administration of Justice Act in 1774, the British government was directly aggravating the American’s views on a right to a fair trial. The disagreements between the colonists, and Great Britain would lead to the Declaration of Independence in 1776, and a charge against a King and government they declared unfit to rule.
This amendment was fairly easy to add to the constitution, because most of the state constitutions had already install the amendment to their own (Wood). It was one of the short addressed problem other than the rights of protecting private property and quarters for soldiers during a war situation. The only argument against was by Anti-Federalist who wanted the ban of quartering completely. This argument was never acted on once the Bill of Rights was agreed on by the delegates (Morriss).
The Constitution of the United States of America protects people’s rights because it limits the power of government against its people. Those rights guaranteed in the Constitution are better known as the Bill of Rights. Within these rights, the Fourth Amendment protects “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures […]” (Knetzger & Muraski, 2008). According to the Fourth Amendment, a search warrant must be issued before a search and seizure takes place. However, consent for lawful search is one of the most common exceptions to the search warrant requirement.
In the United States, jury trials are an important part of our court system. We rely heavily on the jury to decide the fate of the accused. We don’t give a second thought to having a jury trial now, but they were not always the ‘norm’.
In 1787, the Constitution, created by a group of men known as the “Framers”, is the highest law in the United States. At first, the Constitution was not ratify because it did not have a bill of rights which is a list of rights that belong to the people. Therefore to allow changes to the Constitution, the Framers created the amendment process. In 1791, congress proposed twelve changes to the Constitution. Ten of the twelve changes were agreed to by the states and were called “The Bill of Rights.” Some of these rights include the right of free speech, the right to practice your own religion and the right to be silent if you are arrested.
The Fourth Amendment came almost directly from experience of the colonials. But it wasn’t introduced only as a fundamental right, but also as a major part of the English ideals as well. In England, ''Everyman's house is his castle'' was an honored phrase, enforcing the idea that it is not only is it a law, but a right that cannot be delegated by any government idea. There are two major cases where this idea was tried. Semayne’s Case and Entick v. Carrington.
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
are expected to tell the truth, even if that truth was to put you in
It’s the state’s obligation to give their citizens the rights under a fair trial. Under the monarch rule, the colonist were convicted before a trial, but most of the time there wasn’t any trials. In the colonies, the colonist were misrepresented by lawyers because they were uneducated compared to the English lawyers. The British authorities didn’t provide equal laws to the colonists, so if they were falsely accused they were punished. Furthermore, Jefferson states, “For depriving us in many cases, of the benefits of a Trial by Jury” (82). The colonist weren’t trialed fairly, and Jefferson believed a government should give their citizen a fair trial. Each citizen should have an equal judgment because the...
The United State of America, established by the Founding Father who lead the American Revolution, accomplished many hardship in order to construct what America is today. As history established America’s future, the suffering the United State encountered through history illustrate America’s ability to identify mistakes and make changes to prevent the predictable. The 2nd Amendment was written by the Founding Father who had their rights to bear arms revoked when they believe rising up to their government was appropriate. The Twentieth Century, American’s are divided on the 2nd Amendment rights, “The right to bear arms.” To understand why the Founding Father written this Amendment, investigating the histories and current measures may help the American people gain a better understanding of gun’s rights in today’s America.
Citizens of the United States are given the right to a fair trial. Over the course of the development of the American jury system, citizens are allowed to the right to meet one’s accuser, be represented by his/her peers and protection from being tried more than once on any convicted crime. The jury system has evolved from a representation of all white men to both men and women from very diverse backgrounds. This is important if one is going to be tried in his/her community of peers.
Tenth Amendment Our bill of rights all began when James Madison, the primary author of the constitution, proposed 20 amendments to the bill of rights and not the ten we know of today. Madison sent these twenty proposed rights through the House and the Senate and was left with twelve bills of rights. Madison himself took some of it out. These amendments were then sent to the states to be ratified. Virginia was the tenth state out of the fourteenth states to approve 10 out of 12 amendments.
The eighth amendment of the U.S Constitution has been a key part to the justice system from the moment it was created. It provides the basic rights that everyone deserves. The eighth amendment is very important because it guarantees many “freedom from” rights. For example, it protects Americans from cruel and unusual punishments. Without the eighth amendment many people would be punished in an inhumane manner based on the morals of the judge. The eighth amendment is crucial to the U.S Constitution because it promises that all citizens are guaranteed their rights, including the citizens who are felons and display criminal acts.