Wednesday, December 26, 2012

The Sixth Amendment

     In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation;  to be confronted with the witnesses against him;  to have compulsory processes for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

     Have we thrown the Sixth Amendment out the window?
     I am an American citizen.  I can read the Constitution, which is very clear.
     I am "the accused," and I want to know what has happened to my rights?
     Is not an accusation to be inferred from the fact of a raid on my clinic by dozens of armed government agents, or from the forfeiture of $400,000 from my bank accounts, or from the prosecutor's insistence on keeping affidavits supporting such actions sealed, or from the refusal of the government's health insurance industry, Medicare, to pay me for my services?
     Where is my "speedy and public trial"?
     Why have I not been informed of "the nature and cause of the accusation"?
     I demand to be confronted with "the witnesses against" me.
     I demand to know the accusations, of which my lawyers tell me there may be hundreds!
     My lawyers also tell me that undoubtably a Grand Jury, or several Grand Juries, have been convened in secret, to hear my case.
     A Grand Jury is not an "impartial jury of the State"--in fact, it is highly partial, in that its members are all chosen by government agents, and are presented with only one side of any case, namely, the government's.
     Where is my "impartial jury"?
     Where is my right to obtain my own witnesses?
     Thomas Jefferson is on my side!  He would not approve!
     We need to resurrect the founding fathers, and hold our government accountable.
     Where is my trial?
     Where are the powers of my lawyers?
     Why am I being straitjacketed?
     Where are my rights?  Where are yours?
     What happened to the Constitution of the United States of America? 


  1. Right to a speedy trial means that a criminal defendant must be brought to trial within a certain number of days after indictment or first appearance (within 24 hours of arrest). ‘Brought to trial’ is the first day of jury selection.

    A speedy trial no longer applies in any practical sense. Consider a case in which you are arrested. You are at home and a Sheriff’s deputy knocks on your door. You are asked to step outside and you’re immediately handcuffed. You are now detained. The deputy places you in a squad car for the trip to jail. The arresting officer is under no obligation to tell you why you are under arrest. Remember, you have absolutely nothing to say to the police. Your first appearance won’t be until 8:00 am tomorrow. The next morning you’re escorted to a room located at the jail to wait along with ninety other people and a public defender for your name to be called. You will be able to see everyone in the courtroom via monitor; the judge, a team of prosecutors, clerks, and concerned citizens will be seated in a courtroom. For each accused person, the judge will read off the charge(s), ask for prosecutor input as to possible bail and terms of release, and then the judge will approve an order. The prosecutor will not share whatever information he holds against accused until he must.

    The prosecutor only has to allow enough time to prepare pretrial motions for jury selection between the time information is filed and jury selection begins. During the preceding months, the prosecutor has had ample time to take sworn testimony (depositions) from witnesses, gather evidence, prepare witnesses, etc. The prosecutor is ready for trial. Conversely, a defense attorney only knows what counts his client could possibly be charged with until an indictment is handed down. Your attorney is not prepared for trial; therefore, it just automatically happens that it is always in the defendant’s best interest to wave rights to a speedy trial. Your attorney will need months to adequately prepare pretrial motions for discovery, obtain witnesses for the defense, and to interview witnesses on the opposing side (take depositions).

    Many innocent citizens remain jailed for months before being released due to insufficient evidence.

    Where are your rights? The voters have given them away. The Constitution of the United States of America has been weakened to death. It is the Constitution that sorely needs resurrection. Your “rights” belong to your opposition.

    1. Whenever I travel abroad I meet expatriates who tell me they left the United States precisely because the rights they thought they had were all handed over to the government. Most of them said they were very frightened by what has happened in our country, and can't believe it took them so long to leave. I am frightened, too--not for myself, but for this country, and especially for the majority among us who seem to live in a fog of faith and patriotism, people who, if they have any "stance" are focused on small personal interests (like gun control) rather than the larger pattern of erosion of human freedom which characterizes almost every area of personal endeavor. I wonder if it really is better in other countries.

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  3. Our rights are being manipulated by Hollywood, Mainstream Media, actually the owners, and the Gay rights movements. All of which wish to force all people to realize the hurt which has been put on gays for years. Hollywood used to be a secret. Now it is all in the open, and entitlement is the word.

    Another thing is the Gov. along with Corp. America does not like women, woman, or anyone thinking other than what they want them to think.

    All Politics and Money. Find the source of the money and where it goes. Only the rich can do that today. Until people wake up.