The Question:
What is the sixth amendment?
The Quote:
“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.”
The Sixth Amendment
The Sixth Amendment of the Constitution continues the rights of the accused. It provides safeguards and assurances for those arrested and on trial for crimes. The multiple clauses all contribute to this.
Right to a Speedy Trial
The right to a speedy and public trial was a concept from English common law that was designed to prevent a crooked justice system from locking away accused people indefinitely. It requires that, unless under special circumstances, the trial must happen in a timely manner, not years in the future. Additionally, the public part allows the family and friends of both sides to attend the court hearing to ensure there is no judicial foul play and that it is a fair trial.
Right to a Jury Trial
The next clause ensures a right to a jury trial. This means that instead of a judge or panel of judges (bench trial) determining the fate of the accused, people from their local municipality will determine it instead. This was designed as a safeguard to protect people from a corrupt legal system.
Habeas Corpus
The next part comes from the concept of “habeas corpus” or presenting the body. This legal term means that the accused is informed of what they are accused of and gets to see the evidence and witnesses that testify against them.
Right to Witnesses
To help even more, the following clause ensures that they have an ability to get witnesses of their own to testify. This ties in with the last clause, a right to a public defender. This specific right was listed in the Bill of Rights but was up for dispute until Gideon vs Wainwright, a famous Supreme Court case, determined that even if they can not pay for a lawyer to defend them, the state must provide one. Overall, all these protections attempt to protect the accused and check the judicial system’s power.
This is what the sixth amendment is and how it helps people. As always, I’m Joseph Pool, your Poolitician and thank you for plunging into politics!
