Sixth Amendment — Online Journal — Columbia Undergraduate Law Review

Posts tagged Sixth Amendment

Media and the Right to a Fair Trial: Juror Impartiality in the Information Age

A 2021 study by Pew Research Center found that nearly 90% of Americans use the internet, social media, or smartphones regularly to access the news. [1] The proliferation of online information is particularly influential in high publicity cases—cases that involve terrorism or violent crime, garnering high levels of national media attention—in which juries may be skewed by the media they consume. In United States v. Tsarnaev (2021), the case of the Boston Marathon bomber currently on appeal in the U.S. Supreme Court, the risks of media bias are especially clear. In Tsarnaev’s case and similarly high publicity cases, trial judges ought to exercise more rigorous voir dire questioning on media consumption in order to protect defendants’ Sixth Amendment right to a “trial by an impartial jury.”

Talia Traskos-HartJanuary 20, 2022Tsarnaev, social media, jury, news, Boston Marathon bombings, United States v. Tsarnaev, Sixth Amendment, U.S. Constitutional Law, trial court, voir dire, juror selection, juror impartiality

Consequences of Plea Bargaining: In Consideration of the Rights of the Accused

As Americans currently look to reform the nation’s criminal justice system, with its high incarceration rates and immense racial disparities, plea bargaining is an important consideration. In a plea bargain, also known as a plea deal, the defendant agrees to plead guilty or “no contest,” in exchange for the prosecutor to drop one or more charges, reduce a charge to a less serious offense, or recommend to the judge a specific sentence that is acceptable to the defense. In turn, this allows the defendant to receive a reduced sentence. [1] A plea bargain is a facet of the American criminal justice system that initially became commonplace in the 1920s in order to expedite the trial court process. The prevalence of plea bargaining is constantly being reexamined as the United States reconciles constitutional principles and legal precedent with historic prejudices in its criminal justice system.

Mariah JohnsonJanuary 18, 2022plea bargain, criminal justice, Fourteenth Amendment, Sixth Amendment, Fifth Amendment, due process