Page 240 - Beers With Our Founding Fathers

Beers with our Founding Fathers

The right to a public trial is not synonymous with open to the

public. Although generally true, trials are open to the public – in
limited and specific circumstances exceptions are made. Public also

refers to the transparency of the proceedings. Again, dating back to
the Inquisitions and remembering that upper and lower classes had

different procedures and settings. In both historical examples, trials
were corrupt and often political, if not personal. The concept of

public torture was essentially non-existent (though inhumane public
punishment was). Transparency of the judicial process, and the

public records, were not in the best interest of those in power – for
whom trials most often benefited. The right to a speedy trial was

founded to prohibit the experiences and history of imprisonment
without trial (as was bond). The definition and terms of a speedy

trial vary to some degree by jurisdiction, and are based on when a
defendant enters their plea – guilty or not guilty. Of course, if

pleading guilty the issue of a speedy trial is likely waived and is
certainly irrelevant. As to the not guilty plea, that is often when the

speedy trial calculations begin. These may be waived by the
defendant, but not by the prosecution. The continuing purpose of

the speedy trial is to ensure that the prosecution does not delay the
process in violation of the defendant’s rights, or withhold evidence.

A trial by jury is a fundamental right in criminal (and as provided
in the Seventh Amendment, civil) trials. As with other components

of this amendment, historical experiences as subjects of the crowns

of Europe, the Inquisitions, and distinction of classes and their rights
were the earliest foundations for this clause. The right to a jury
would contribute to transparency, assure that the evidence was

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