Amendment 6

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. 

Breakdown...

1. Speedy and public trial.
2. All trials must take place in public, and the defender must be informed of case and nature of accusation.
3. Witnesses for the prosecution must testify in public.
4. The defendant can produce witnesses on his/her behalf.
5. The defendant has a right to secure counsel.
6. A Jury of peers are limited by selection process and are not guaranteed to reside outside of the same county.
7. Jurys are to be unbiased.
8. Speedy trials must take place within a reasonable amount of time after indictment.

Cases:

Escobedo V. Illinois 1964

Extended right to attorneys counsel right into the interrogation chamber.

Danny Escobedo was arrested and taken to a police station for questioning. Over several hours, the police refused his repeated requests to see his lawyer. Escobedo's lawyer sought unsuccessfully to consult with his client. Escobedo subsequently confessed to murder.

Howell V. Alabama 1932

Nine young black men were rushed through a rape case. This case was the beginning of an “incorporation” into State constitutions of fair trial rights guaranteed by the 6th Amendment. 

Nine black men boarded a train and got into a fight with some white men on the train. All but one white man was thrown off the train, two white women on the train told police they had been raped by the black men. All nine youths were found guilty by four separate juries, despite testimony from doctors who said they found no evidence of rape upon examining the women. Eight of the nine men received the death penalty. The convictions were appealed through the State courts of Alabama, and failing there, went to the Supreme Court.

Gideon V. Wainwright 1963

 The Court held that it was consistent with the Constitution to require state courts to appoint attorneys for defendants who could not afford to retain counsel on their own.

Clarence Earl Gideon was charged in Florida state court with a felony: having broken into and entered a poolroom with the intent to commit a misdemeanor offense. When he appeared in court without a lawyer, Gideon requested that the court appoint one for him. According to Florida state law, however, an attorney may only be appointed to an indigent defendant in capital cases, so the trial court did not appoint one. Gideon represented himself in trial. He was found guilty and sentenced to five years in prison. Gideon filed a habeas corpus petition in the Florida Supreme Court and argued that the trial court’s decision violated his constitutional right to be represented by counsel. The Florida Supreme Court denied habeas corpus relief.

Duncan V. Louisiana 1968

An attorney would only be provided for serious crimes/felony convictions not misdemeanors.



Gary Duncan was convicted of simple battery, a misdemeanor, in a Louisiana district court. Under Louisiana law, jury trials are not granted in misdemeanor cases. Gary Duncan claimed the state’s denial of trial by jury violated the United States Constitution.

This video depicts how clueless people can be of their rights. Duncan tries to get people to sign a fake petition doing away with the 6th Amendment that guarantees right to a speedy trial. He tells the people the petition is for Obama supporters. This just proves to me that we can not afford to be ignorant of our rights.

This image potrays that although citizens can receive a public trial, it does not always mean the citizens of the Jury are going to be concerned or thinking about the trial, many may jump to conclusions. I do believe however annoying Jury duty can be it is essential to allow some of the public to be a part and learn about the justice system.