Attorney Donald Harwood is a partner at Harwood Reiff LLC in New York City. Donald Harwood is a successful civil litigator, and he has also taken on complex criminal defense cases involving both appellate litigation and white collar defense.
2. Introduction
Attorney Donald Harwood is a partner at Harwood Reiff LLC
in New York City. Donald Harwood is a successful civil
litigator, and he has also taken on complex criminal defense
cases involving both appellate litigation and white collar
defense.
Persons on trial have several rights under the Sixth
Amendment of the U.S. Constitution. These include the right
to a speedy trial by jury conducted in the public eye. The
accused also must be informed of the nature of the charges
brought against them and be able to confront witnesses.
Trials generally have 12 jurors who must all agree on a
verdict. However, the U.S. Supreme Court has permitted
juries of six and non-unanimous verdicts.
3. Constitutional Rights
Those conditions are mutually exclusive--a jury either can be
smaller or allow for non-unanimity, but not both. Regardless
of size, all juries must be representative of a community's
demographics.
Likewise, there is room for interpretation of what comprises a
speedy trial. For example, defendants who are in jail may
wait for a different period for a trial than those free on bail.
Although in some cases the state sets maximum waiting
periods, judges can grant delays at their discretion. The
severity of the charges may affect this decision.
The right to a public trial insures transparency in the legal
system. This right was enacted in response to historic abuses
by monarchial power in secret sessions. Exceptions are few,
notably in juvenile cases where privacy is a concern.
4. Conclusion
Another guarantee of accountability is the right
to be informed of charges brought against
defendants. All indictments must be clear and
specific and describe fully the nature of the
alleged crime.
Equally important is the defendant's ability to
confront witnesses. The defense attorney can
often persuade a jury by skilled cross-
examination, in which he or she attempts to
cast doubt on the prosecution's evidence.