The Sixth Amendment: rights and protections

Criminal Justice

The 6th Amendment

The 6th Amendment to the United States Constitution is a part of the Bill of Rights. The Bill of Rights became law in 1791. The 6th Amendment focuses totally on the rights of a person accused of committing a crime by the state (the 6th Amendment, 2011). The 6th amendment states that "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" (U.S. Constitution: Sixth Amendment, 2011).

There are seven rights listed in the 6th Amendment that people are guaranteed. These include:

The right to a swift trial

The right to a public trial

3. The right to be judged by an neutral jury

4. The right to be informed of the nature and conditions of the supposed crime

5. The right to confront witnesses who will give evidence against the accused

6. The right to find witnesses who will talk in favor of the accused

7. The right to have a lawyer (the 6th Amendment, 2011).

The first protections are the right to a speedy and public trial. While the meaning of speedy depends on state statute sand court dockets, one will at all times be informed of a court date. In regards to a public trial, this guards one from being tried in secret. With very few exceptions, anyone can be present at a trial. One also has the right to a neutral jury, meaning the jury will be made up of people with no awareness of the case or preferential treatment towards either party. Even though the right to notification appears in the middle of the text of the amendment, it is usually the first step in the judicial process. It means that one has the right to be informed of the temperament and cause of any charge against them. If someone files suit, they must serve the defendant with a complaint. If one is accused of a crime, they must be informed of both the allegations and their rights when they are arrested (Sanders, 2007).

The next elements of the Sixth Amendment deal with witnesses. First off, defendants have the right to acquire subpoenas to call forth witnesses, documents and evidence that will help their case. The history of this part of the amendment is often in doubt; though, numerous people believe it came from the trial of Sir Walter Raleigh. He was convicted based on the statement of an alleged co-conspirator who never came to court and is believed not to have ever existed. A subpoena is a safeguard against phony accusations and a staged witness selection process. Secondly, defendants have the right to be confronted by or to confront any witnesses. In court, this confrontation takes place by way of cross-examination. Outside of court, this takes place by way of affidavits and depositions (Sanders, 2007).

The Amendment's final part assures the accused person the right to aid of counsel. Legal representation was once a benefit only accessible to the rich. The poor were frequently left to their own devices in English courts. While defendants in America can decide to represent themselves, the right to counsel gives one the right to gratis legal help. In criminal trials, poor defendants are given legal counsel. Nationwide, community legal services, legal aid societies and other factions help the poor deal with civil issues. No matter how well the founding fathers' accomplished on their plan, our judicial system is not ideal. It is well-known that injustices and frustrations are daily legal incidences. Even so, the framers made enormous progress for daily citizens through the 6th Amendment to make sure American courts truly are the people's courts (Sanders, 2007).

The Sixth Amendment, which is applicable to the states by way of the Due Process Clause of the Fourteenth Amendment, see in re Oliver, 333 U.S. 257, 273-74 (1948), guarantees a criminal defendant a basic right to be undoubtedly informed of the temperament and cause of the charges against them. In order to figure out whether a defendant has received constitutionally sufficient notice, the court looks first to the knowledge (Sixth Amendment, 2011).

The Sixth Amendment also assures a criminal defendant the basic right to be obviously informed of the temperament and course of the charges in order to allow sufficient research of a defense. This can be seen in Sheppard v. Rees, 909 F.2d 1234, 1236 (9th Cir. 1990). The notice stipulation of the Sixth Amendment is integrated within the Due Process Clause of the Fourteenth Amendment and is completely pertinent to the states as seen in Gray v. Raines, 662 F.2d 569, 571 (9th Cir. 1991) (Sixth Amendment, 2011).