NORTON META TAG

11 February 2010

RACHEL MADDOW ON GOP TERROR TRIAL SMEAR 3FEB10

Here is what the 6th amendment of our constitution says about trials, notice it is not limited to American citizens, and then watch the video from Rachel Maddow's show and the last link is for the letter from A.G. Eric Holder to Sen Minority Leader Mitch McConnell on the terrorism trial on 3 FEB 10.

"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 where in 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 defence.[1] ”

Rights under the Sixth Amendment
Speedy trial
See also: Speedy trial
Defendants in criminal cases have the right to a speedy trial. The U.S. Supreme Court laid down a four-part ad hoc balancing test for determining whether the defendant's speedy trial right has been violated in the case of Barker v. Wingo:

1.Length of Delay: A delay of a year or more from the date on which the speedy trial right "attaches" (the date of arrest or indictment, whichever first occurs) was termed "presumptively prejudicial", but the Court has never explicitly ruled that any absolute time limit applies.
2.Reason for the delay: The prosecution may not excessively delay the trial for its own advantage, but a trial may be delayed to secure the presence of an absent witness or other practical considerations.
3.Time and manner in which the defendant has asserted his right: If a defendant agrees to the delay when it works to his own benefit, he cannot later claim that he has been unduly delayed.
4.Degree of prejudice to the defendant which the delay has caused.
In Strunk v. United States, 412 U.S. 434 (1973), the Supreme Court ruled that if the reviewing court finds that a defendant's right to a speedy trial was violated, then the indictment must be dismissed and/or the conviction overturned. The Court has held that, since the delayed trial itself is the state action which violates the defendant's rights, no other remedy would be appropriate. Thus, a reversal or dismissal of a criminal case on speedy trial grounds means that no further prosecution for the alleged offense can take place.





http://www.scribd.com/doc/26325635/Eric-Holder-letter-to-Mitch-McConnell-2-3-2010

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