Fair and Speedy??
Aim: What protections are
offered by the 6th Amendment?
The 6th Amendment
says…
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
Any problematic terminiology here?
What protections are offered
by the 6th Amendment?
Key points – the 6th
• Speedy trial
• Impartial jury
• Public trial
• Notice of accusation
• Right to face accuser
• Representation by counsel
WHY?
What protections are offered
by the 6th Amendment?
Definition of Speedy
• Quick; accomplished rapidly and
without delay
• Sc definition – Klopfer v NC (1967)
• Klopfer – charged w/ trespassing
• Trial postponed at length
• SC determines state violated his 6th
Amendment rights
What protections are offered
by the 6th Amendment?
Barker v Wingo (1972)
• Barker accused of murder
• No trial for FIVE years
• What makes the delays OK? – The 4
questions
• Causes? How long? Impact outcome? Did
the defendant claim 6th was violated?
• Results – Speedy Trial Act of 1974
What protections are offered
by the 6th Amendment?
Public trial…
• In re Oliver (1948) – charges of gambling
and corruption in Michigan
• Michigan judges operated in a shady
manner
• Oliver arrested, charged and sentenced
• Defendant appeals – violation of DPL / 6th
Amendment
• SC agrees – due to the non public way in
which the trial went down
What protections are offered
by the 6th Amendment?
Sheppard v Maxwell
(1966)
• Can a trial be too public b/c of media
coverage?
• Does too much media coverage
prevent a fair trial?
• SC says yes
What protections are offered
by the 6th Amendment?
Fair trial…
• OK City bombing case moved to Colorado
to ensure fairness
• What about 9/11 plotters – where should
they have been tried?
• Change of venue – will be called for when
public sentiment precludes a fair trial
• What if no place in America is fair?
What protections are offered
by the 6th Amendment?
Jury of your peers…
• Batson v Kentucky (1986)
• Batson accused of burglary
• Prosecutor uses his peremptory challenges
to remove 4 blacks from the jury all
white jury
• Batson convicted – appeals – unfair jury
• SC overturns decision…Batson goes free
• Comments?
What protections are offered
by the 6th Amendment?
Consider…
• How has broadcast media affected our
courtrooms?
• Is ti possible for a case that has broad
public interest and national coverage to
have a fair trial?
• Has 24 hour court TV stations changed
the way media covers important cases, or
has it simply made all cases important?
What protections are offered
by the 6th Amendment?