6th Admendment

Rosa Farias

Amendment As In The Constitution

In a 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 the witnesses against him; to have compulsory process for obtaining witness in his favor, and to have the assistance of counsel for his defense.


Leavitt, Amie Jane. Bill of Rights in Translation : What It Really Means. Mankato: Capstone, 2009. Ebook

In Other Words

  • you get a trial as soon as possible
  • your trial is public
  • the jury ill decide if you are innocent or guilty
  • government tells the crimes you are accused of
  • they also tell you who is charging you of the crimes
  • right to tell your story
  • can have a lawyer and witnesses

History

  • Submitted by Congress to the states on September 25, 1789, along with the other nine amendments that comprise the Bill of Rights.
  • Ratified by the required three-fourths of states (eleven of fourteen): December 15, 1791. Declared to be part of the Constitution on December 15, 1791
  • When the British government limited colonists’ right to a jury trial, the colonists protested angrily. During the American Revolutionary War (1775–81), the colonies won their independence from Great Britain. Colonists repeatedly listed the right to a trial by jury among the basic rights for which they were fighting.

  • After the war, the states nearly rejected the proposed Constitution of the United States, partly because it failed to guarantee the right to a jury in civil trials

  • Despite the importance of juries, the Supreme Court has repeatedly limited the Seventh Amendment’s reach in civil jury trials over the years. In fact, the Court has ruled that the amendment does not apply to a number of types of civil suits

  • "Seventh Amendment." Constitutional Amendments: From Freedom of Speech to Flag Burning. 2nd ed. Vol. 1. Detroit: UXL, 2008. Web. 9 Dec. 2015.

Galloway v. United States (1943)


The Court ruled that even when a jury hears a case, a judge still may overrule the verdict. Freda Galloway sued the government over benefits she claimed were owed to her husband, a veteran of World War I. The case was heard in a federal district court. The judge ruled against Galloway in a directed verdict.



Galloway appealed the decision to the Supreme Court. She argued that the directed verdict violated her guarantee to a jury trial under the seventh amendment.In this case, the Court used the concepts of sovereign immunity, and the “fixed historical test” to deny Galloway’s claim. The Court said no one could argue “that under the common law in 1791 jury trial was a matter of right for persons [suing] the sovereign.”


"Seventh Amendment." Constitutional Amendments: From Freedom of Speech to Flag Burning. 2nd ed. Vol. 1. Detroit: UXL, 2008. Web. 9 Dec. 2015

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