Constitutional Rights?

Question

Discuss which constitutional right is most valuable to an accused person during trial. Explain your reasoning so I have a better understanding of this and please be thorough in your answer and please use your own words.

Answer 1

Do your own homework.

Answer 2

You (or your teacher) is asking for a judgment call as to which is "most valuable".

Look at the list -- 5th Amendment Due Process, 5th Amendment Privilege, and all the 6th Amendment protections -- and try to imagine what would happen if each one was eliminated..... the one with the biggest harmful impact (if gone) would be the most valuable.

Consider the context -- 5th Amendment Grand Jury is only a federal right -- does that make your list to consider? What about rights that are only protected in state constitutions -- are those "constitutional rights" within the scope of the question?

Also, look at the phrasing of the question -- are 4th Amendment protections applicable "during trial"? Is habeas corpus used "during trial" -- so when you are evaluating the rights, be responsive to the call of the question, and be prepared to explain why you consider a "right during trial".

Good luck.

Answer 3

This is just my opinion of course, but I'd have to go for habeas corpus, which someone explained to me one day means, "show me the body" or something like that. Specifically, this says that there has to be proof that some crime has in fact been committed. This is what Dubya has suspended for the detainees in Cuba, reasoning that since they are not in the USA, the Constitution does not apply to them. These people are being detained and not being charged with any crimes, yet still being held without benefit of counsel or a court proceeding. Some of these people have been held for over 4 years. Think about it. By the way, this sounds exactly like you quoted a homework question which a friend of mine had in an ethics class recently, so I won't amplify any further. I'm not about to do your homework for you any more than I have already. While you're at it, consider the 5th amendment against self-incrimination, or the 4th and 14th against unreasonable search and seizure, All of these have arguments for being the most important for a criminal defense.

Answer 4

It is the right to be presumed innocent until proven guilty and the right to remain silent. It is with some distress that the UK government has interfered with thsi latter right. Unfortunately people do not seem to realise the dangers. Attempts have been made to suspend "Habeus Corpus" but fortunately have come to nothing, mainly because it is estblishe in the Magna Carta with King John in the 13 th century and is non-negotiable

Answer 5

Why don't you think about it, write it down, and explain your own reasoning. Copying off what someone writes on YA! is still plagiarism. Go look it up in a textbook and write your own answers...

Answer 6

Ditto, do your own homework, cheaters never prosper!