6th Amendment: Rights at Trials

The Sixth amendment to the U.S constitution was ratified on 15th December 1791 and is one among the first ten amendments and the Bill of Rights. The amendment was made to focus on the rights of the accused when at trial.

What is the 6th amendment in simple terms? The sixth amendment contains many rights that may be helpful for the accused and the case. The content of the sixth amendment in simple terms can be explained as:

• The accused in the criminal proceedings will have the right to a speedy and public trial,

• the trial should have the involvement of an impartial jury of the State and district in which the crime claimed to be committed,

• the accused should be informed of the nature and cause of the accusation by a notice,

• the accused shall also be confronted with the proofs or witnesses against him,

• the accused will have the  Assistance of Counsel for his defense,

• The accused shall have the right to call the witness.

The 6th amendment rights give the chance of fair trial to the convicted and proving themselves in the court of law. The seven liberties for the criminal in the 6th amendment definition are made with the intent for fair and just trials.

Explanation of the content of the 6th amendment rights in :

1. Right to a speedy trial or The speedy trial clause: The sixth amendment rights reduced the number of days spent by the accused in jail. The speedy trial clause made it a law to carry out the legal preceding quickly so that the life of the accused may not be disturbed if not found guilty and the clause also has the intention that the quicker will be the legal proceedings, the less will be the chances for loss of evidence or fading of memories of witnesses.

In the 1972 Barker v. Wingo case, the supreme court officially ordered a four-part balancing test that may help to decide whether the speedy trial clause has been violated or not. The four factors are:

1. Duration of the delay: If the delay is more than a year.

2. Cause of delay: The trial can be postponed to safeguard the presence of an absent witness or any other reason related to the case.

3. If the accused agreed to the delay, as he thought it would benefit him (in such cases the defendant could not blame for the delay)

4. The degree of prejudice to the accused caused the delay.

2.  Right to Public trial or Public Trial Clause: If the accused want to have a public trial, he/she will be granted permission for this, but for certain cases, the court has the right to limit the access to the trial if it is found that it will affect the due process rights of the accused. The public trial clause works to prevent the court from having a secret or closed trials without involving the public.

3. Right to Impartial Jury clause or Impartial Jury Clause: The 6th Amendment Definition also contain the phrase impartial jury, which means the offenses (like murder, or any serious offense) that require jury involvement, the jurors should not be prejudiced, biased, or partial and must take a fair decision based on facts, proofs, and statement of the witnesses.

4. Right to be informed of the charge: The 6th amendment simplified that before accusation the defendant must be informed through the notice for the charge against him and the notice shall also include all the details for the charge.

5. Right to Confront the witness or Confrontation Clause: The 6th amendment rights also gave the right to the accused to confront the witnesses present against him and do cross-question. This clause ensures that the due-process rights of the accused are upheld.

6. Right to call witnesses: Under the amendment, the accused will have the right to call witnesses in his favor and support his case.

7. Right to Legal Counsel: The 6th amendment to the U.S constitution gave the defendant the right to ask for legal counsel or attorney to represent his case, if the defendant is unable to afford an attorney, then the court appoints one for the defendant.

In Gideon v. Wainwright (1963) case in which Gideon was not able to afford an attorney and thus was found guilty and the district court punished him imprisonment of five years. 

In this case, the supreme court ruled that Gideon has not been given a chance of fair trial. And then Gideon’s conviction was overturned by the court and the supreme court also ruled that the right to counsel was a fundamental right under the 6th amendment.

The 6th Amendment to the U.S Constitution focuses on the rights of the accused at the time of trial so that fair trial proceedings are carried out and thus the decision is fair and just.

For more legal information, please visit: https://www.getlegal.com/