Tuesday, January 17, 2006

Sixth Amendment-Right to Call Witnesses

Right to Call Witnesses - The Sixth Amendment of the United States Constitution, which is concerned with the rights of defendants in criminal prosecutions, was framed by the Founding Fathers in response to abuses, which they perceived, by the British government in criminal cases. Still, it is the judges, who enforce the rights set forth by the Sixth Amendment and swear to "support the Constitution of the United States", who protect criminal defendants.
The "confrontation" clause of the Sixth Amendment was drawn from the trial of Sir Walter Raleigh, in which Raleigh was convicted and sentenced to death from only written testimony from a witness: the witness was never physically present in the trial, and hence was not able to be cross-examined. This act of not having the witness physically present at the trial of the accused certainly does not provide a just trial for the accused, and, seeing this, the Founding Fathers dictated that the accused shall enjoy the right to be confronted with the witnesses against him or her. Thus, it is my opinion as well, that, in order to ensure that the liberties of the accused are not hindered, the said accused person should be entitled to have the witnesses attempting to incarcerate him or her present at the trial, so that the evidence presented by the witness is not left unchallenged and hence absolute.

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