The Sixth Amendment, One Amendment, Six Constitutional Rights

Sep 16, 2010
David J. Shestokas

Clarence Earl Gideon - Florida Dept. of Corrections

The 6th Amendment contains rights beyond the well known right to an attorney in criminal matters. There are six constitutional rights in the 6th Amendment.

The Sixth Amendment is part of the Bill of Rights, passed by the First Congress in 1789, completing a promise of the proponents of the Constitution regarding limits on the Federal government to be added once the Constitution was ratified. The Bill of Rights was ratified in 1791.

The Sixth Amendment

The Sixth Amendment reads: 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 where in 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.

This language addresses federal criminal procedure guaranteeing criminal defendants the:

Right to a speedy trial
Right to a public trial
Right to an impartial jury trial in the place where the crime was committed
Right to be informed of the charges
Right to confront the witnesses against him and to subpoena witnesses
Right to an attorney

These rights have been extended to state criminal proceedings by the Due Process clause of the Fourteenth Amendment.

Speedy Trial

The right to a speedy trial has been defined by statute in most jurisdictions, placing time limitations during which a criminal trial must take place, or else the charges must be dismissed.

Time calculations are often complicated. A defendant may waive this right, or may waive it in stages. If the defendant delays a trial, the time that passes does not count against the time defined by speedy trial statutes. There is a four part test to determine if speedy trial rights have been violated:

Length of Delay: A delay of a year or more from the date on which the speedy trial right "attaches" (the date of arrest or indictment, whichever first occurs) was termed "presumptively prejudicial"
Reason for the delay: The government may not delay a trial for its own benefit, but a trial may be delayed for the testimony of an absent witness or other practical reasons.
Time and manner in which the defendant has asserted his right: If a defendant has agrees to a delay or causes it himself when the delay is beneficial to the defendant, he cannot later claim violation of his speedy trial right.
Degree of prejudice to the defendant by the delay.

Public Trial

The public trial right is not absolute. The prosecution or defense may request a closed trial. The right to a public trial must be balanced against the right to a fair trial. If the court finds a public trial will interfere with the trial’s fairness, the proceedings may be closed. These are rare circumstances.

Impartial Jury

The jury trial right depends upon the offense charged. Charges with a potential penalty of less than six months in jail, carry no right. For minors charged as juveniles, these are not criminal prosecutions, so there is no right. The place of the trial and the jurors are to be selected from the area where the crime was committed.

An impartial jury consists of unbiased individuals, and the jury selection process of voir dire, with each side questioning potential jurors is designed to discover juror bias. An attorney may challenge a juror’s service for bias, and if the judge agrees that juror will not be on the jury. Voir dire is a complex process designed to select a jury that does not favor either side.

Notice of Accusation

After bond has been set, typically the first formal court proceeding after an arrest is an arraignment. At arraignment the defendant is told of the charges in the indictment. The indictment must allege all elements of the crime with such precision that the defendant would be able to avoid double jeopardy if he were to be prosecuted at a later date for the same actions.

Confrontation and Subpoena of Witnesses

This provision is commonly known as the "confrontations clause". The defendant’s right to question witnesses against him grows out of the rule against “hearsay”. Hearsay is a statement made out of court about a fact relevant to the case by someone other than the person testifying. Since the defense cannot challenge the credibility of the person not in court, hearsay cannot be used in court. This is the principle rule of trial evidence, and there is a complete body of law to define hearsay, with many exceptions to the general rule.

A defendant can produce his own witnesses and have the court order those witnesses to appear. This is a concept of fundamental fairness critical to a fair trial.

Counsel or Attorney

The courts have ruled that a defendant has the right to an attorney once judicial proceedings have begun against him. The extent to which this right is in effect has been expanded over time. One of the most critical cases was that of Gideon v. Wainwright when an indigent man wrote the Supreme Court from prison about how he was convicted without counsel. That case expanded the right to counsel to state courts, resulting in the system of Public Defenders through out the country.

The right to counsel has also been incorporated into the well known Miranda warnings.