Wednesday, September 11, 2019
Arrest of Mr Ballew for Conferring a Misdeed for Demonstrating a Assignment
Arrest of Mr Ballew for Conferring a Misdeed for Demonstrating a Profane Movement Film - Assignment Example Mr Ballew contended either that the two tallies he was being indicted for added up to double jeopardy/ twofold risk or the seizing of the movies were illicit and illegitimate. On the other hand, the court dismissed these conflicts subsequently denying him certiorari, building its contention in light of the instance of McIntyre v. State in which the defendants were denied certiorari (Ballew v. Georgia, 1978). ââ¬Å"Because of the fundamental importance of the jury trial to the American system of criminal justice, any further reduction [of the number of members on a jury below six] that promotes inaccurate & possibly biased decision-making, that causes untoward differences in verdicts, & that prevents juries from truly representing their communities, attains constitutional significanceâ⬠(Ballew v. Georgia, 1978). In delivering its ruling, the Court of Supreme decided that a five-person jury does not meet the sacred edge or constitutional requirements as provided by the Sixth Ame ndment of the United Statesââ¬â¢ constitution that applies to the states through the Fourteenth Amendment. For this reason, the Supreme Court granted certiorari to the accused but consequently giving a disclaimer that it wouldnââ¬â¢t achieve alternate issues. Case in point, as he would like to think, which agreed to other Justices sentiments, Justice Blackmun expressed that a criminal trial presided over by a less than six-person jury considerably undermined the certifications of the Sixth & Fourteenth Amendments and subsequently, the condition of Georgia has no persuasive contention, notwithstanding, the advocacy and claim for inefficient budgetary allocation and time to defend the decision of decreasing a jury from six persons to five (Ballew v. Georgia, 1978). Thus, from their assessments before conveying the judgment all the judges including Blackmun, J., Marshall, J., Stevens, J., White, J., Burger, C.J., Rehnquist, J., Brennan, J., Stewart and Powell, J.,à agreed that that the instance of Ballew v. Georgia issue of whether a criminal trial by a state, which constrained a jury to five denied the charged individual a right enshrined in the constitution and provided to him/her by the Sixth & Fourteenth Amendments disregarded such secured rights (Ballew v. Georgia, 1978).
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