Preview

7th Amendment

Good Essays
Open Document
Open Document
388 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
7th Amendment
The 7th Amendment
"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."

The 7th Amendment states that any person who is accused of a crime, where the dollar amount is deemed to be valued at twenty dollars or more, has the legal right to a trial by jury. A jury trial is a panel of randomly selected citizens who will listen to the case in question and together jointly reach a decision on whether the defendant in the case is guilty or not guilty of the crime they have been charged with. The amendment also states that no Court can reexamine the facts from the case, because any decision reached by a jury will stand.
It is likely that the Founding Fathers drafted this amendment to help secure fairness within the judicial system. I believe that given the injustices that our Founding Fathers were escaping as they fled to the New World it was most likely very important to them to ensure that the government alone would not possess too much power. It would be my guess that they did not greatly trust the judges within the British system of government any more than they trusted the police powers. They may have also worried that without including their own peers from within the communities that the legal system could possibly become corrupt, as they had previously witnessed such things in their homeland.
Why is the 7th amendment important and relevant today in America? Because as Americans we are far better off with a system of justice that allows for a jury trial. I would never want a single person to hold all that power. I think to countries like China where a jury trial would be a huge improvement to the system that they utilize, where it is common to imprison innocent people on trumped up charges. We as US citizens often take the founding

You May Also Find These Documents Helpful

  • Good Essays

    Commentators and courts have noted that because certain equitable defenses were statutorily required to be tried by jury prior to the adoption of the 1894 Constitution, the deprivation of a jury trial for all equitable defenses is arguably unconstitutional. Under CPLR section 4101, when a plaintiff brings a legal action, the defendant’s equitable counterclaims should not be submitted to a jury. Under CPLR section 4102(c), when a plaintiff brings an action sounding in equity, the defendant’s legal counterclaims should be tried by a jury if so demanded. The counterclaims pled by a defendant enjoy the same careful analysis as the claims contained in the plaintiff’s complaint.…

    • 2857 Words
    • 12 Pages
    Good Essays
  • Good Essays

    Right To Lasnik Case

    • 1436 Words
    • 6 Pages

    Our justice system is one of the things I admire most about american government. The sixth amendment ensures American citizens in all criminal prosecutions the right to a speedy and public trial, the right to trial by jury, and the right to legal counsel. Without the sixth amendment our justice system would not be very just because those accused of a crime would not have sufficient legal protection. this would impact my life and the lives of all Americans.…

    • 1436 Words
    • 6 Pages
    Good Essays
  • Good Essays

    The Fifth Amendment of the US Constitution was signed into law on September 25, 1789 and ratified December 15, 1791 (Benjamin Franklin, 2011). The Fifth Amendment establishes rights that can be applied to both criminal and civil sectors of law. The most used protections of the Fifth Amendment are the right to a grand jury, the protection against double jeopardy, the protection against self-incrimination, the protection against testifying against yourself, and you can’t be deprived of life, liberty or property without due process. When drafting the Constitution, the Farmers had a series of examples to look to in deciding what to include in the document. A lot of it came from the earliest examples of European prosecution, another example was what happened when they decided to colonize and after the colonization.…

    • 761 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The 5th Amendment states that the government must follow the due process of the law before punishing a person and that all citizens had the right to a trial by jury. It also states that a person cannot be put on trial twice for the same crime or that person on trial for a crime does not have to testify against themselves in court - "Pleading the 5th". The reason for this addition to the Constitution was due to the British refusing to grant the same rights to American subjects as they gave to people in Great Britain. Many people were jailed without even being accused of a crime. This specifically referred to the right of a Trial by Jury and the right not incriminate themselves. The 5th Amendment is also referred to as the Double Jeopardy and…

    • 189 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The Sixth Amendment provides many protections and rights to a person suspected or accused of a crime. One of these rights is to have his/her case heard by an impartial jury. This right is particularly important based on the fact that the people determining your guilt or innocence should make a neutral decision, based on the facts of the case and what they feel is accurate, not how they see you as a person.…

    • 272 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Essay On 7th Amendment

    • 839 Words
    • 4 Pages

    Martin Luther King Jr. once said “Injustice anywhere is a threat to justice everywhere.” Imagine being put into a situation where someone is in complete and utter control of your future and the severity of it. Now pretend they also are going to make it as severe as possible either because you are from a poor family, you have different religious or political views, or someone bribed them to make it as harsh as possible for you. This obviously is not fair and would cause any rational person to rebel against the system put in place for them; that is exactly what the colonists did when King George III took away the colonists’ right to trial by jury. Colonists knew the importance of the 7th Amendment because it prevented judicial bias and allowed…

    • 839 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Fifth Amendment Clauses

    • 1670 Words
    • 7 Pages

    This amendment is known to most Americans than whatever is left of the amendments due to the renowned expression: I argue the fifth. This expression is habitually utilized as a protection within criminal trials. The amendment comprises of five separate clauses. These clauses are double jeopardy clause, grand jury clause, the self-incrimination clause, due process clause and the taking 's clause. The Fifth Amendment’s guarantees Americans a few essential rights. For example, the right not to be rebuffed or attempted more than once for the same wrongdoing, right to proper sensible payment for any private property taken by the legislature for open utilization, and the right to trial for specific law violations by grand…

    • 1670 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    After the constitution was done, the writers noted that it was giving too much power to the government. To balance the government power and give more rights to the people, they decide to include ten first amendments to the constitution, those amendments were written to…

    • 549 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The sixth amendment has to do with a speedy trial. The defendant has a right to a quick hearing.The court system cannot procrastinate and delay the prosecutor’s trial for any reason. The defendant is also entitled to a lawyer and they also have the right to an impartial jury. The defendant has the right to know who is accusing them of committing the crime. So the main points behind the sixth amendment are having a speedy trial, holding a public trial, the right to a jury, arraignment clause (which means they’ll be informed of the nature and cause of the accusation), confrontation clause (confronted with the witnesses against him), a compulsory process clause (obtaining witnesses in his favor), and a right to counsel clause (right to having…

    • 875 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The Ten Amendments

    • 998 Words
    • 4 Pages

    This means that excessive bail shall not be required, excessive fines shall not be imposed, and no cruel and unusual punishments shall be inflicted. The ninth amendment addresses the rights retained by people. This states that the enumeration of the Constitution shall not be altered or deconstructed in any way. The tenth amendment explains that the rights are reserved to the states. This right guarantees that the powers not delegated by the Constitution to the states are reserved to the state’s population or the people. The ten amendments help out every day here in the United States because they explain how each conflict should be handled or resolved each and every day. The court handles all these problems and if the judge think something is one way they can check the Constitution and see how it says they should handle it. Although the Constitution and its contents were created a long time ago it still plays a key part in our society today. The ten amendments were introduced to the American Congress on September 28, 1789 but were not actually ratified and placed in the Constitution until December 15, 1791, just over three years later. James Madison proposed and brought these amendments to the attention of the American Congress. He also arrived to Philadelphia the earliest, before everyone which was sometime around May of 1789. The Founding Fathers, which are George Washington, John Adams, Thomas Jefferson, and James Madison argued that the Constitution should not be ratified because it failed to protect the human rights of liberty. There have been a total of twenty seven amendments created but only the first ten are known best. The Constitution contains four thousand, four hundred words making it the shortest and oldest major government document in the world. There are several spelling errors throughout the document but none of them measure up to the misspelling of Pennsylvania above the signer’s…

    • 998 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Right To Trial By Jury

    • 378 Words
    • 2 Pages

    The Right to Trial by Jury is where the accused has the right to a public trial, lawyer, to know who the accusers are, what you are accused for, and a jury. The statement that has been said was that this Right should be changed by “Trial By Justices”. Trial By Justices means that cases are decided by the decisions of Judicial Officials.…

    • 378 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Right to Counsel

    • 1415 Words
    • 6 Pages

    Every individual is afforded the right to counsel in criminal proceedings. It is the liability of the government to provide every defendant facing criminal charges with legal representation that also is considered sufficient (2011). The Sixth Amendment to the U.S. Constitution guarantees every individual the right to a swift and public trial from an unbiased jury of his or her peers in the state or district in which the crime was committed in (1995-2011). The district should have been beforehand established by law, and to be educated of the nature and reason for the charge, the right to face the eyewitness in opposition of him or her, to have necessary process for gathering eyewitnesses in his or her support (1995-2011). Last, the Sixth Amendment affords and individual the right to have the aid of an attorney for his or her defense (1995-2011). The last statement of the Sixth Amendments establishes that every individual has a right to counsel from the very second he or she is placed in police confinement (2011).…

    • 1415 Words
    • 6 Pages
    Better Essays
  • Powerful Essays

    The Sixth Amendment

    • 2928 Words
    • 12 Pages

    The 6th Amendment focuses completely on the rights of a person accused of committing a crime by the government. The 6th Amendment contains seven specific protections for people accused of crimes. These seven rights are: the right to a speedy trial, the right to a public trial, the right to be judged by an impartial jury, the right to be notified of the nature and circumstances of the alleged crime, the right to confront witnesses who will testify against the accused, the right to find witnesses who will speak in favor of the accused, and, the right to have a lawyer. The reasoning behind all of these protections goes back to the days of our founding fathers; when under the English law none of these rights were guaranteed. The writers of the constitution felt it was very important that all of the rights that are given under the sixth amendment were guaranteed in reaction to the blatant suppression of individual rights and liberties that were being implemented in the “colonies”. As time has passed and our constitution amended in reaction to those times, the rights guaranteed under the 6th Amendment have been strengthened and justly implemented.…

    • 2928 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    The Declaration of Independence, written by Thomas Jefferson states “We hold these truths to be self-evident, that all men are created equal, they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness..” We all have unalienable rights, but what does unalienable rights mean, you ask? Well, here is your chance to find out in the next paragraph! To me, unalienable rights are rights that are given to the people, through the government.…

    • 498 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The Robbins Collections School of Law University of California at Berkley. (n.d.). The Common Law and Civil Law Traditions. Retrieved from http://www.berkley.edu…

    • 1862 Words
    • 5 Pages
    Powerful Essays