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Argument: Oral argument: Case history; Prior: Application of Gault; 99 Ariz. 181 (1965), Supreme Court of Arizona, Rehearing denied Holding; Juveniles tried for crimes in delinquency proceedings should have the right of due process protected by the Fifth Amendment, including the right to confront witnesses and the right to counsel guaranteed by the Sixth Amendment.
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...
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 process for ...
In some cases, individuals may be legally required to file reports that call for information that may be used against them in criminal cases. In United States v. Sullivan, [69] the United States Supreme Court ruled that a taxpayer could not invoke the Fifth Amendment's protections as the basis for refusing to file a required federal income tax ...
Article Three, Section Two of the United States Constitution provides: Trial of all Crimes, except in Cases of Impeachment, shall be by Jury . . . . [23] The Sixth Amendment to the United States Constitution provides: In all criminal prosecutions, the accused shall enjoy the right to a . . . trial, by an impartial jury . . . . [24]
The criminal cases may languish, leaving victims without any closure or restitution and burdening local courts even more. What does that make of constitutional due process?
Cases involving this amendment have resulted in a total prohibition against certain punishment, which has been considered cruel and unusual. Torture prior to death is banned.
The Eighth Amendment was adopted, as part of the Bill of Rights, in 1791.It is almost identical to a provision in the English Bill of Rights of 1689, in which Parliament declared, "as their ancestors in like cases have usually done ... that excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."