6th AmendmentBill of Rights

Academic LanguageProsecutionImpartialAscertainedConfrontCompulsory Counsel

Academic LanguageProsecution- the state legal person trying the defendant Impartial- not biased; not prejudice; fairAscertain- to determineConfront- to stand or come in front ofCompulsory- requiredCounsel- attorney; lawyer

The 6th AmendmentIn 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 defense.

Speedy TrialProsecution can not delay to gain advantageTrial can be delayed to find a witnessIf a defendant’s right to a speedy trial is ruled to be violated, then the indictment must be dismissed or conviction overturned

Public TrialCan be limited or taken away by the court in cases where the court finds that publicity of the trial would harm the defendant’s right to a fair trialDefendant can request a non-public trial and court decides based on criteria aboveWhy would most people want a public trial?

Impartial JuryFor crimes where punishment is less than 6 months, a jury trial is not requiredThe jury should be impartial or not especially inclined to have made a pre-decision or be abnormally affected by the nature of the caseThe prosecution and defense both get to examine potential jurors before the case to screen them for potential prejudiceCan you think of some situations or reasons why a juror might not be impartial?

Notice of ChargesThe state must formally present a detailed description of the nature of the charges brought against the defendantThe charges are usually read out in courtThe judge will ask the defendant is he understands them

Confronting/Calling Witnesses

Defendant has the right to confront and cross-examine witnesses against him in open courtDefendant has the right to call witnesses for himThe right to “to have compulsory process for obtaining witnesses in his favor.” What do you think this means?

Right to CounselRight to an attorney. If defendant can not afford one, an attorney will be provided by the court.This right exists as soon as adversarial proceedings against the defendant have been made Brewer v Williams (1977).

Through the history of law in America this right often overlaps with the 5th Amendment, as in the example aboveThe defendant can represent himself, unless decided to be mentally ill. The judge must warn of the dangers though.

Game Over

You have the right to remain silent. Anything you say or do can and will be held against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you?

Miranda Warning