The Sixth Amendment protects the rights of

"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 defense."

Speedy Trial

One of the first requirements of the Sixth Amendment is that people have a right to a speedy trial. How fast is speedy? Well, the law doesn't say. What this means is that the government shouldn't needlessly delay the trial. They can't hold someone in jail while purposely delaying a trial. Some trials still take a long time for various reasons.

Public Trial

The amendment next says that the accused will have a "public" trial. This is to keep the government from having secret trials away from the eyes of the public. This happened under the rule of the British and the Founding Fathers didn't want this to occur under the new government. Public trials can help to insure that government officials are following the law.

Impartial Jury

The right to a trial by jury is guaranteed in the Sixth Amendment. This only applies, however, to serious offenses where the punishment is more than six months in prison. The jury must also be impartial. This means that each of the jurors is unbiased. To help make sure the jurors are impartial, the lawyers from each side get to interview potential jurors and choose who becomes a part of the jury.

Notice of Accusation

The amendment requires that the person will be told what crime they are charged with. This is called a "notice of accusation." This sounds obvious to us, but without this requirement the government could lock up people for years without ever telling them what they did wrong. This happened under British rule and still occurs today in some countries.

Confrontation

In order to make trials as fair as possible, the people who say they witnessed the crime must testify in court. This gives the person accused of the crime (or their lawyer) the chance to question and "confront" them.

Assistance of Counsel

The last part of the amendment guarantees the defendant a lawyer or "assistance of counsel." If the person cannot afford their own lawyer, the government will provide a lawyer. These lawyers are called public defenders.

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By Brian P. Smentkowski Edit History

Table of Contents

Sixth Amendment, amendment (1791) to the Constitution of the United States, part of the Bill of Rights, that effectively established the procedures governing criminal courts. Based on the principle that justice delayed is justice denied, the amendment balances societal and individual rights in its first clause by requiring a “speedy” trial. It also satisfies the democratic expectation of transparency and fairness in criminal law by requiring public trials consisting of impartial jurors. For the text of the Sixth Amendment, see below.

The public trial and jury requirements contained in the Sixth Amendment’s first clause are essential elements of due process. An integral part of the clause and the rights it seeks to protect is impartiality. Bias is expected to be reduced not only by placing decision making in the hands of jurors but also by screening out potentially prejudiced jurors. To this end, both the prosecution and the defense have the opportunity to participate in the jury-selection process.

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History: Fact or Fiction?

Transparency and fairness in criminal law are also evident in the accusation and confrontation clauses of the amendment. Criminal suspects must be made aware of the crimes they are accused of committing, and this comes mostly in the form of an indictment, a precise and detailed list of charges for which the criminally accused will be tried. The confrontation clause reinforces the rights of the criminally accused further by requiring that they be confronted with the witnesses against them. In addition to providing defendants the opportunity to see their accusers, the clause serves the vital role of having the witnesses available for cross-examination. Moreover, defendants are entitled to witnesses in their defense. Any person knowledgeable of the facts of a case may be called as a witness for the defense.

The Sixth Amendment’s final clause entitles the criminally accused to legal counsel and applies equally to custodial interrogations and trials (see assigned counsel). In either environment, absent legal assistance the criminally accused may be intimidated or compelled to provide testimony against his will. Absent the specialized knowledge of the law and criminal procedure, the accused would not be able to mount an effective defense of his own liberty. Thus, without the right to legal counsel, the criminal justice system would be lopsided in favour of the government, and this right to counsel enables the playing field to be leveled.

The full text of the amendment is:

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.

What right does the Sixth Amendment protect quizlet?

The sixth amendment guarantees a criminal defendant the right to conduct his own defense pro se at trial if she knowingly, voluntarily and intelligently elects to proceed without counsel.

What four basic rights are protected by the Sixth Amendment?

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.