On March 22, 2020, the Wisconsin Supreme Court suspended jury trials throughout the state in response to the corona virus pandemic. Justice Rebecca Bradley, joined by Justice Daniel Kelly filed a vigorous dissent explaining how the court overstepped its authority in issuing the order and that emergencies do not grant government any greater power than […]
The 225th Anniversary of the Bill of Rights, Part II
When reflecting on the first ten amendments to the American Constitution, or the Bill of Rights, focus is often on the great freedoms of religion, speech, press and the right to bear arms. The Bill of Rights became 225 years old on December 15, 2016. With that in mind, it is worth a moment to […]
The Sixth Amendment’s Right to Confront Witnesses
Sir Walter Raleigh of the late 1500’s is known for a number of things. He was a great explorer[1] of the New World, both North and South America. He is either credited or cursed for promoting tobacco in England. He is cited as an example of the consummate gentleman for putting his cloak on a […]
Sixth Amendment Right to Be Informed of Criminal Charges
It certainly seems obvious and fair that when the government charges someone with a crime that the person be told what law he has violated and what he did to violate that law. That a government does not always conduct itself in a fair manner and that it needs to be reminded of the obvious […]
Sixth Amendment’s Right to a Jury in Criminal Cases
The list of colonial grievances against King George in the Declaration of Independence included: “For depriving us in many cases, of the benefits of Trial by Jury: … He has abdicated Government here…” In Article III, the unamended Constitution provided for jury trials in criminal cases[1] as follows: “The Trial of all Crimes, except in Cases […]
Sixth Amendment’s Public Trial: From Communal Duty to Accused’s Right
The Constitution’s Bill of Rights contains many procedural protections for those the government accuses of having committed a crime. Among them is the Sixth Amendment right to a “public trial”. The provision is stated: “In all criminal prosecutions, the accused shall enjoy the right to a… public trial” The concept of a public trial is ancient, but it did […]
Sixth Amendment’s Speedy Trial Right: Ancient, Worthy and Elusive
The Constitution’s Bill of Rights contains many protections for those the government accuses of having committed a crime. Among them is the Sixth Amendment right to a “speedy trial”. The provision is stated: “In all criminal prosecutions, the accused shall enjoy the right to a speedy … trial” The right may has old roots and […]
The Sixth Amendment, One Amendment, Six Constitutional Rights
The Sixth Amendment contains rights beyond the well-known right to an attorney in criminal matters. There are six constitutional rights in the Sixth Amendment. They are procedural rights designed to protect an individual’s inalienable natural rights of life and liberty found in the Declaration of Independence. The Sixth Amendment is part of the Bill of Rights, […]