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The Sixth Amendment: The Rights of the Accused

The Sixth Amendment protects the people from being exploited by a complicated judicial system.

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The Sixth Amendment protects important rights for people who are accused of committing a crime. Like the Fifth Amendment, it is designed to prevent the government from using its power to unfairly prosecute citizens.

Right to a Speedy Trial

The Constitution mandates that all defendants be given a speedy trial. This right is important because it stops the state from keeping someone in jail for an indefinite period of time. When determining whether a government has violated this right, a court would consider four factors: The length of the delay, the reasons for the delay, whether or not the defendant asserted their Sixth Amendment right, and how the delay might prejudice a jury against them.

The Supreme Court ruled that if a defendant’s right to a speedy trial has been violated by the state, the charges against them must be dismissed.

Trials must also be open to the public. The court is typically not allowed to conduct a secret trial. However, in some cases, it might limit public access if it could violate a defendant’s right to due process. A defendant can also request to have a closed trial, but they must prove that publicizing the proceedings would prevent a fair trial.

Right to Impartial Jury

In most instances, a citizen accused of a crime has a right to be tried in front of a jury. However, if the offense carries a sentence of six months or less, a judge might try the case in some states.

The jury must also be impartial, which means they must not be biased for or against the defendant. Members of the jury must also represent the population of the community in which the offense was allegedly committed.

When selecting members of a jury, both the prosecution and the defense ask each potential juror questions to determine whether they might carry bias. Prospects who show signs of bias will be dismissed “for cause.”

Right to Notice of Changes

Every citizen has the right to be notified of the “nature and cause” of an accusation against them. This means the state is required to formally present charges against the accused. This is typically done with an indictment, which is a list of the charges that the state is filing against the defendant. This indictment is read in open court and the presiding judge makes sure the defendant understands the allegations against them.

The Right to Confront Witnesses

This part of the Sixth Amendment dictates that a defendant must be given an opportunity to confront and question witnesses testifying against them. This means they, or more commonly, their lawyers will be able to question these witnesses in open court to determine the validity of their claims during trial.

Defendants are also enabled to bring witnesses on their behalf to provide testimony that might exonerate them. These individuals might decide to testify voluntarily, but if the defense is concerned that a witness will not show up in court, they can force them to attend by having the court issue a subpoena.

Right to an Attorney

The Sixth Amendment also guarantees the right to legal representation, but it wasn’t until 1963 that the Supreme Court incorporated this amendment against the states. Incorporation is when the Supreme Court rules that a right in the Bill of Rights – which only applied to the federal government before the 14th Amendment – now applies to state and local governments, too.

Anyone facing felony charges that could result in prison time or even serious misdemeanors that could result in some jail time has the right to a court appointed attorney. However, all defendants also have the right to represent themselves in court without an attorney. This means that they proceed to the trial while doing the job of their lawyer. However, this is not a recommended course of action. As the old saying goes, “if you are your own lawyer, you have a fool for a client.”

Race Relations & Media Affairs Correspondent at and A self-confessed news and political junkie, Jeff’s writing has been featured in Small Business Trends, Business2Community, and The Huffington Post. Born in Southern California and having experienced the 1992 L.A. Riots up close and personal, Jeff’s insights are informed by his experiences as a black man and a conservative.

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