The Sixth 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 defence."
Source: The Constitution
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Below are a few of the many different selectively incorporated rights of the Sixth Amendment. A few rights that are not listed below include the right to a public trial, the right to notice of accusations, and the right to confront adverse witnesses.
Speedy Trial
A speedy trial, a concept that can be traced back to our country's British heritage, was incorporated by the case Klopfer v. North Carolina (1967). Before this case, a North Carolina state court trial ended in a mistrial because the jury could not reach a verdict. Then, the prosecutor asked that the defendant be released from custody but leave his case open until it could be brought up in court later in the future (at an unidentified time). The judge agreed.
In Klopfer v. North Carolina the Supreme Court ruled that the Fourteenth Amendment incorporated the Sixth Amendment right to a speedy trial because the defendant in the previous case was denied this right when the North Carolina court did not conclude the proceedings against him. Instead, they left his case open until the proceeding could be reinstated at some unknown time in the future. Not very speedy, and certainly illegal (American Civil Liberties).
In Klopfer v. North Carolina the Supreme Court ruled that the Fourteenth Amendment incorporated the Sixth Amendment right to a speedy trial because the defendant in the previous case was denied this right when the North Carolina court did not conclude the proceedings against him. Instead, they left his case open until the proceeding could be reinstated at some unknown time in the future. Not very speedy, and certainly illegal (American Civil Liberties).
Trial by an Impartial JuryThe right to a trial by jury in a criminal case was incorporated by Duncan v. Louisiana. A black teenager, Gary Duncan, was sentenced to 60 days in prison and was fined $150 for allegedly slapping a young white man on the elbow. When he asked for a jury trial his request was denied.
In a 7-2 vote, the Court ruled that every defendant in a criminal case had the right to a jury trial and the justices even went so far as to say it was "fundamental to the american scheme of justice" (DUNCAN). It is important to note that the Framers put a lot of thought into the rights of defendants to ensure a fair judicial system on all sides of the courtroom. |
Right to Council
Again, the rights of the defendant are brought up in the right to assistance to council. This means that each defendant has the right to a court-appointed lawyer. This right is commonly known in relation to the Miranda Rights, which include the line: "You have the right to an attorney. If you cannot afford an attorney one will be provided for you".
In the case of Gideon v. Wainwright, Clarence Earl Gideon was charged with a felony and sent to court. When he arrived in court he arrived without a lawyer, so he asked for one; none were provided. So, Gideon was forced to represent himself, and unfortunately lost his case and was sentenced to five years in prison. He then went on the offensive and filed a habeas corpus petition stating that his rights had been violated when he was denied a lawyer. Mr. Gideon was correct. In a unanimous vote, the Court ruled that the accused in any case has the right to an attorney if they cannot provide their own (as is stated in the Bill of Rights). Therefore, the Sixth Amendment right to representation was incorporate by the Fourteenth Amendment.
In the case of Gideon v. Wainwright, Clarence Earl Gideon was charged with a felony and sent to court. When he arrived in court he arrived without a lawyer, so he asked for one; none were provided. So, Gideon was forced to represent himself, and unfortunately lost his case and was sentenced to five years in prison. He then went on the offensive and filed a habeas corpus petition stating that his rights had been violated when he was denied a lawyer. Mr. Gideon was correct. In a unanimous vote, the Court ruled that the accused in any case has the right to an attorney if they cannot provide their own (as is stated in the Bill of Rights). Therefore, the Sixth Amendment right to representation was incorporate by the Fourteenth Amendment.
What If?
It would be very difficult to live in America and not have your Sixth Amendment rights. Similar to the Fifth Amendment, if Sixth Amendment rights were no longer available the accused would have a very difficult time. The accused may not be judged by a group of their peers but by a few biased men with hidden agendas (in the worst case scenario). People accused of crimes would be forced to represent themselves if they could not afford an attorney and this could lead to a steep increase in false imprisonment. Finally, people could be accused and be in custody or on probation for an indefinite amount of time, thus toying with the free will of the accused. In the end, the Sixth Amendment rights are essential for the fair and smooth operation of our judicial system.