The Sixth and Seventh Amendments of the Constitution - Paper Example

Introduction

The sixth amendment guarantees the right to a jury trial in a criminal case. The seventh amendment guarantees the right to a jury trial in the seventh amendment. The right to a jury trial is one of the essential rights in the constitution. The sixth and seventh amendment of the constitution ensures that immigrants have the due process of the law. This ensures that people can exercise their rights within the confines of the law. They can contest the government's imposition and look for the binding opinion of a neutral party, in this case, the judge. Therefore, it helps people exercise their rights in homeland security matters.

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The Sixth Amendment

The amendments protect everyone in the American soil is protected. Therefore, the homeland security may not deport even the illegal migrants because the constitution protects them. This might hinder the efforts of homeland security because people have more protection in America than in the borders. The question is, however, how many processes can be deemed as due, and this depends on the situation. Courts have previously held that those who are deported after illegally entering the United States have the right to appeal against those decisions. According to courts, Congress can put in place limited procedures for non-citizens who are detained at the border. When immigrants are ordered to leave the country, they can use civil proceedings to fight deportation by involving the immigration courts and judges while the justice department oversees them. The immigrants can also challenge the appeal's board decision to immigrate. These processes can take years due to the backlog of cases in immigration, therefore hindering the efforts of the homeland security.

The Seventh Amendment

On the other hand, the Seventh Amendment is not 100% protective because immigration authorities can deport people without a hearing according to a 1996 statute. The 1996 statute helps the homeland security efforts. According got the statute, expedite removal is allowed without a right to appeal or a lawyer under certain conditions. The expedited removing applies to immigrants within a hundred miles' radius and within 14 days at the border and are undocumented. The expedited removals apply up to two years after an immigrant enters the country. When a person enters the United States, it becomes a felony for the first time offense. The second time becomes a misdemeanor. This helps the immigration in prosecuting those who enter the U.S illegally. The government can pursue criminal proceedings on top of the civil proceedings. This has not been easy on promoting the efforts of the homeland security since it has led to the systematic separation of families, which further complicates the deportation issue.

The rights in the sixth and seventh amendment are Explored in Jean-Baptise Bado v United States, where the issue was questioning whether a non-citizen with a misdemeanor would be qualified having committed an aggravated felony under federal law where the non-citizen will, therefore, be deported. The court held that yes, a misdemeanor, resulting in aggravated felony would lead to deportation. On dissent, however, Judge Fisher states that deportation should not be a penalty when determining the right to a trial or jury. To sum up, the rights of the sixth and seventh Amendment are subject to the interpretation of the courts and the circumstances which one is found in. The rights are not absolute, and the decision is made depending on one's circumstances.

Conclusion

In summary, the sixth and the seventh amendment in the United States served as important ramifications to the constitutional development regarding rights in prosecution. From the analysis, it is evident that while both amendments differ in their actual provision, they seek to offer the same thing. The sixth and the seventh amendment seek to ensure impartiality as well as speedy trial. In this regard, the immigrants have equal and fundamental rights before the law through these amendments.