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  • Bill of Rights

    What amendment gives me the right to publicy view a court case?

  • #2
    Amendment VI

    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 defence.

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    • #3
      does that apply to a civil case also or just a criminal .

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      • #4
        I don't believe there is right to "view" a courtroom proceedure. The judge may determine wether or not to allow persons unrelated to the case to attend the proceedings. Such as when the press are resticted from televising such things. The BOR amendment stated IV is merely "due process". Now to view results of a proceeding that has already occurred, such as in Wisconsin where an online record is kept for public access, is usually public domain unless sealed by the court.
        "A Nation without Borders is not a Nation."
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        • #5
          i had to sit in for a class .. and the attorney for the plantiff stated to me .. you have a right to be here .. which I know .. and I thought it was due to the 6th amendment .. so yeah .. due process does give me the right to be there based on their right. I know the judge has discression to boot whoever he sees fit but I didnt/dont know if the 6th amendment is just for a criminal proceeding or not

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          • #6
            YOU do not have the right to be there. The ACCUSED has the right to a public trial. So, it IS NOT your right to be present, rather the defendant's right.

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            • #7
              may be possible to invoke "the rule"

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              • #8
                good posting.....

                learn new things.....








                www.schackdaddy.com
                " if you talk in your sleep, don't mention my name....
                " if you walk in your sleep, forget where you came....

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                • #9
                  I know the suspect has the right to a public trial .. I talked to the good ol teach and she said she'd accept the 6th amendment. The only reason I asked was because the plaintiff's attorney and me were talking and he told me I had a right to be there.

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                  • #10
                    Originally posted by ScrapinPT
                    What amendment gives me the right to publicy view a court case?
                    The right is to a "speedy" and public trial, but the judge may decide who gets in and some times that is no one.

                    I think.


                    In other words it is to the accused rights we are talking about not joe six-pack to get a little entertainment. Check out some of the big name trials oj michael jackson etc.
                    Last edited by 1sgkelly; 10-10-2005, 05:10 PM.
                    Kelly

                    We are the thin blue line
                    between you
                    and all the money in the world.

                    And no you can't have any.

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                    • #11
                      Originally posted by 1sgkelly
                      The right is to a "speedy" and public trial, but the judge may decide who gets in and some times that is no one.

                      I think.


                      In other words it is to the accused rights we are talking about not joe six-pack to get a little entertainment. Check out some of the big name trials oj michael jackson etc.

                      Yeah Im aware its also at the judges discretion. Thanks for the help folks

                      Comment


                      • #12
                        Bill of Rights

                        Court cases, both criminal and civil, are open to the public with some exceptions. If you're a witness in a case, you may , and probably will be excluded while testimony is being given. The judge may clear the courtroom for a variety of reasons,and of course can limit, or exclude media coverage. Criminal cases, once concluded, are matters of public record, and transcripts can be reviewed. The settlements in some civil cases can be kept confidential, and thus are not matters of public record.

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                        • #13
                          Your right to view a trial comes from a variety of sources. I'm using the word "right" here in a very loose sense because it is not explicitly granted by the U.S. Constitution or any amendment to it.

                          The 6th Amendment provides a defendant who is accused of a criminal violation the right to a "speedy and public trial". In order for the trial to be a "public trial", members of the public must be allowed to attend.

                          Several rights within the the 1st Amendment create a sort of quasi-right to attend trials. Most notably, this stems from the right of the people to assemble, freedom of speech, and freedom of the press. In essence, it becomes extremely difficult for people and the press to monitor and discuss government actions if they are not allowed to attend court hearings.

                          Some rights might also be granted under State Constitutions and by federal and state laws. Two examples of this are the Freedom of Information Act and the Government in the Sunshine Act.

                          I've read a number of cases regarding these types of issues. In general, the press tends to do better here than do private citizens. The courts will often close a trial if attendance by the public or press is detrimental to a defendan'ts case or if important matters of government security are at risk.

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