Sixth Amendment to the Constitution of the United States guarantees a defendant’s right to a lawyer . It also guarantees defendants—persons accused of a crime —the right to a prompt, public trial by an open-minded jury . The was the 6th of 10 amendments made to the Constitution as part of the Bill of Rights , which guarantees fundamental rights and freedoms to every U.S. citizen.
The Sixth Amendment states, “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.”
The Bill of Rights.
The U.S. Constitution went into effect on June 21, 1788. Some states had refused to approve the Constitution unless a bill of rights was added. Supporters of the Constitution, known as Federalists , promised to support constitutional amendments that protected individual liberties against possible unjust rule by the national government. Congress proposed the first 10 amendments—the Bill of Rights—in 1789. The states ratified (approved) them in 1791.
Sixth Amendment protections.
The amendment establishes the basic procedures for trying criminal defendants in the nation’s democratic system. First, the amendment guarantees a speedy and public trial before an impartial jury of one’s peers (equals). Failure to bring a trial in a timely manner can lead to dismissal of the charges. Criminal proceedings can only be closed to the public for “overriding” reasons.
Second, the amendment requires that accused persons be informed of the charges against them and be allowed to meet the witnesses against them face to face. Without this protection, innocent individuals could be punished if a court allowed the testimony of unknown witnesses to be used as evidence . The amendment guarantees that persons on trial can face and cross-examine (closely question) those who have accused them. They may be able to show that their accusers lied or made a mistake.
Finally, the amendment grants accused individuals a right to a lawyer to defend them if they want one. If the accused individual cannot afford to pay a lawyer, they have a right to have a government lawyer appointed to defend them.
History.
The requirement in the Bill of Rights for a speedy and public trial was a reaction to certain legal practices in England . For example, some political trials in England were delayed for years and then were held in secret. The Sixth Amendment aims to protect an adversarial judicial process, inherited from English common law , in contrast to the inquisitorial system commonly used in continental Europe . In an inquisitorial system, the court is actively involved in investigating a case. In an adversarial system, the defense and prosecution make arguments to a neutral judge . The guarantee of a jury trial is a fundamental element of the nation’s democratic system of government. The jury represents the community in which the defendant lives, and it checks the power of the government to bring unfair charges against defendants. Thus, the Sixth Amendment was intended to ensure that every person accused of a crime has a speedy, impartial, and fair trial.
During the 1960’s, a series of key decisions by the Supreme Court of the United States helped explain the role of the 6th Amendment in determining the rights of persons accused of crimes. In the 1963 case Gideon v. Wainwright , the Supreme Court ruled that because of the due process protections in the 14th Amendment , the 6th Amendment’s guarantee to a lawyer applied to state as well as federal felony cases. Later Supreme Court decisions also extended the guarantee to lesser, non-felony cases.
In the 1964 ruling Escobedo v. Illinois , the court stated that police who question suspects must advise them of their right to consult a lawyer. If the police do not do so, the suspects’ answers may not be used as evidence. In the famous 1966 case Miranda v. Arizona , the Supreme Court limited the power of police to question suspects and established clear guidelines for police procedures. The court based its decision in the Miranda case on the Fifth Amendment’s protections of persons from being forced to testify against themselves and the Sixth Amendment’s guarantee of defendants’ right to a lawyer.
