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this post was submitted on 20 Oct 2024
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People have rights.
Rights do not disappear just because you get accused.
In addition, the principle of "innocent until proven guilty" applies, and it is only the judge who decides what is proven and what is not (this protects from prejudice at the police)
I don't know all your amendments, but there is a thing like your 5th. just stronger: The accused is free not to help the police in any way. He may say things or remain silent, he needs not to give them things, and they may not create any kind of disadvantage for him from that. Also the court must not interpret this against him. Also spouse and family are not required to help or testify.
It is Germany here.
As an American this is an interesting comment.
Traditional American understandings agree with the notion of innocent until proven guilty and that rights exist regardless of accusations. But here it is not a judge but a jury of your peers who decides the facts based on evidence shown to them. Here judges decide matters of law not fact.
(Unless you choose to have a judge rule on the facts (likely because you are probably unpopular in your community because of the nature of the accusations and you feel it'd be more fair for a judge to decide the fact in your eyes))..
Eeeeeeehhhhhhhhhhhhhhhhhhh...judges decide fact all the time in civil cases, or in criminal bench trials.
7th amendment applies to civil suits. Judges may when common law doesn't govern. But that's limited. And criminal defendants must consent to bench trial by not contesting any of the facts.
In the Federal system it does. At the state level, a jury for a particular civil matter is not guaranteed. Judges regularly end up as the finders of fact in state civil cases.
Not always. If the case is not serious enough, a jury trial is not guaranteed. This SCOTUS case found 6 months to be the cutoff for a serious enough crime.
A bench trial where no one is contesting the facts can happen, in that case the defendant is probably contesting the constitutionality of the law, so therefore doesn't need any dispute any of the facts. But, as in the above link, a case may happen where either the defendant is not guaranteed a jury because the punishment falls below the threshold establsihed, or they waive the jury and the judge sits in as the finder of both law and fact.