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Subject: Re: 6th Amendment, Elian and Anonymous Accusations Date: Thu, 20 Apr 2000 13:14:34 +1200 From: firefall <firefall@ihug.co.nz> Organization: NZFS In this article, you cite your 6th 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 process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."then ask the following: 1.True or False: According to American law, if charges are brought against you, you have the right to witnesses that will testify on your behalf in court.which you aver to be True. Sadly, perusal of the 6th Amendment shows that you are wrong. All this provides for is compulsory process for obtaining witnesses in favour of the accused: not the right to witnesses that will testify on your behalf. This is a Good Thing(TM) ... consider all the cases in which there are _no_ witnesses - by your definition above, to have charges brought against you would violate your rights if you can't find any witness to testify on your behalf (as you might have trouble, if say you were guilty). Petty Pedantry? probably, but that's how misunderstandings are communicated
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It's a Mr Death, honey -- something about an expired birth certificate? |
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