Friday, November 22, 2013

Bring About the Sixth Amendment with an Evidenciary Hearing

   "The accused shall enjoy the right to a speedy and public trial."
   To me, we fall way short of delivering on this right that is declared in the Sixth Amendment. I suppose at times I think we are so short that it is right that we have failed to even implement, for, to me, we do not even have a judicial system in place that brings it to pass.
   Implement the Sixth Amendment, then.
   At least, in the sense of whether we have a system in place that provides for "a speedy and public trial," let's change things to bring more certainty that a speedy and public trial will happen.
   Because it seems fair that you should ask me exactly what I would do, I'll offer one suggestion. This is one idea, but might not be the right one. I like it, though.
   Within days after the supposed crime is noticed, have a public evidenciary hearing. Bring all the accusers and all the evidence leading to their charges, and all the witnesses defending the person -- bring them all to the evidenciary hearing and lay out all the facts that have led to the charge.
   Here's what we have, says the prosecution. Here's why we should proceed.
   Here's the defendant's position. Here's the reasons to believe he didn't commit the crime, says the defense.
   A quick and public start would set the tone for a quick and public trial, hopefully.

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