Good Example Of Essay On Responses To Most Protective Amendment Posts

Post No. 1

There is no doubt that the 6th Amendment is protective of the rights of the accused. Indeed, justice delayed is justice denied and this dictum was reinforced by the courts, such as in Dickey v. Florida 398 US 30 (1970) where the conviction of the accused was overturned by the SC because it took the state 8 years to try him. It is also of utmost importance that a person’s guilt is determined by a jury that will not prejudge him. However, the intent of this discussion is to select the amendment that is most protective – an undertaking that cannot be done without comparing the amendments in issue. Thus, the choice of the 6th Amendment is not persuasive because of the absence of foundation. How does the 6th Amendment differ in impact on the accused that makes it extra protective from the other relevant amendments? One could argue, for example, that the 8th Amendment is equally protective because it precludes torture as punishment, thereby ensuring that the accused is not inflicted with unnecessary pain.

Post No. 2

I concur with this post’s choice of the 5th Amendment as the most protective amendment. However, I find that the justification is not too persuasive for the same reason I gave in post no. 1. To be persuasive, the selected amendment must have features that distinguish it from the others – features that justify its selection as the most protective of the accused. Amendments numbers 4, 6 and 8 also protect the accused from unfairness. For example, the 6th Amendment ensures that the state institutes trial proceedings without unnecessary delay, as well provides that jury must not be biased against the accused (Haley & Bohm 2014, p.112). Protection from delay and impartiality is also a measure of fairness. Is the post claiming, therefore, that the protection from unfairness provided by the 5th is more extensive or of a higher degree than the 4th, the 6th and the 8th Amendments? If this was the case, the post should have made that clear.

References

Dickey v. Florida 398 US 30 (1970).
Haley, K. and Bohm, R. (2014). Introduction to Criminal Justice. 8th ed. Boston: McGraw-Hill.