6TH AMENDMENT REGARDING LAW ENFORCEMENT Essay Example | Topics and Well Written Essays - 500 words

6TH AMENDMENT REGARDING LAW ENFORCEMENT - Essay Example Understanding and observation of the guarantees & rights in this amendment is important to operations in law enforcement at all levels of the criminal justice system. Speedy trial as a right of the accused person is very important in safeguarding against unnecessary and unjustifiable incarcerations pending trial. It removes anxiety as well as public concern and limits the possibilities of prolonged delays interfering with the defendants’ capacity to defend their cases; delays can result into loss of key witnesses due to deaths or other factors or blur the witnesses’ memories. The society is also interested in seeing trials speeded and this could sometimes be against the wishes of accused persons. This is because jailed individuals as well as their families receive support at the expense of the public, those free in the society could engage in other criminal activities or bargain for sentences which are not just as per society expectations and delays may hinder deterrence & rehabilitation which are crucial goals of punishment. Speedy trial is a fundamental liberty in both the Bill of Rights and the constitution of America and applies to states through the 14th Amendment. Activation is only possible when the prosecution of a crime has commenced and only applies to the accused individual. It starts to apply right from the time and point of arresting a suspect and statutes of limitation guard against possibility of prejudice due to delays. The courts have condemned malpractices by states in cases where states preferred charges on already incarcerated individuals in prison facilities with different jurisdiction for conviction on different charges. An example is the case of the United States vs. Henry in which the state was found to violate the defendant’s right to have counsel assistance. States should thus respect the accused persons’ right to a speedy trial, request prison facilities for custody of the individuals in order to constitute