Assignment 1 The Sixth Amendment to the U.S. Constitution reads, “In all crimina

Assignment 1
The Sixth Amendment to the U.S. Constitution reads, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense” (1).
The Speedy Trial Act of 1974 and state laws provide guidance as to the number of days to bring a defendant to trial before this right is violated. A prosecutor may work around the “speedy trial clock” if they can show good cause for a delay, or if a defendant agrees to waive the right. One reason for the right to a speedy trial is to prevent a defendant from being held in custody only to find out that the defendant was innocent. An innocent citizen who is incarcerated in violation of the Sixth Amendment right to a speedy trial is a violation of due process rights (2).
The Facts
Ben was indicted on 24 state counts of possession of fentanyl, with intent to distribute near an elementary school, and federal racketeering charges in September 2019. While Ben sat in jail, his attorney was able to delay his jury trial a few times so he could gather witnesses for Ben’s defense. In March 2020, Ben’s attorney submitted a motion to dismiss the charges for a violation of Ben’s Sixth Amendment right to a speedy trial. The hearing was set for March 28. On March 15, the Governor of the state ordered all courts to close and suspended jury trials due to public safety concerns over COVID-19. Ben did not get his hearing and remained in jail.
Research the Federal Speedy Trial Act and its requirements.
Research the law in your home state pertaining to the number of days a defendant may be held in jail, consistent with the requirements of the Sixth Amendment, for a felony and misdemeanor charge.
Read United States v. Olsen [PDF].
Instructions
Write a one-page explanation of whether Ben’s Sixth Amendment right to a speedy trial was violated. ( Double Space)
Assignment 2
The Sixth Amendment of the U.S. Constitution guarantees criminal defendants:
The right to a public trial without unnecessary delay.
The right to an attorney, the right to an impartial jury.
The right to know one’s accusers.
The nature of the charges or evidence against them.
Preparation
Analyze the following U.S. Supreme Court cases:
Ballew v. Georgia.
Burch v. Louisiana.
Instructions
Write a 2-3 page paper in which you:
Explain the fundamental protections available to a defendant under the Sixth Amendment related to the concepts of a speedy trial, an impartial jury, the role of the jury, and the right to face one’s accusers.
Prepare a one-page case brief of Ballew v. Georgia.
Use the Case Brief Template [DOCX].
Prepare a one-page case brief of Burch v. Louisiana.
Use the Case Brief Template [DOCX].
Analyze the reasoning behind the U.S. Supreme Court’s holding in Ballew v. Georgia and Burch v. Louisiana that a conviction by a unanimous five-person jury in a trial for a non-petty offense deprives an accused of the right to trial by jury.
Support your writing with at least three credible, relevant, and appropriate academic sources.
Write in an articulate and well-organized manner that is grammatically correct and free of spelling, typographical, formatting, and/or punctuation errors.
This course requires the use of Strayer Writing Standards. For assistance and information, please refer to the Strayer Writing Standards link in the left-hand menu of your course. Check with your professor for any additional instructions.
The specific course learning outcome associated with this assignment is:
Evaluate the role of the Sixth Amendment in U.S. trials. ( file attached to use for both cases)