Hypothetical Situation:
You wake up one day and you're in the middle of a
courtroom. An all-knowing, all-powerful being
approaches you and confronts you with a situation.
The man on trial is about to be found guilty but he is
actually innocent. This all-powerful being then gives
you a list of 10 guilty men who are currently in
federal prisons around the country. Their charges
range from drug production to murder to rape to
counterfeiting. He tells you that you must decide:
Will this person be found guilty and the 10 men will
remain in jail, or will this person be found not-guilty
and the 10 men released into the public with their
charges pardoned?
6 th Amendment
The Right to a Fair Trial
What exactly is a “fair trial?”
6th Amendment
“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.”
6 Components of a “Fair Trial”
Speedy & public trial
Impartial jury
Informed of the nature of the accusation
Confronted with witnesses against you
Process for obtaining witnesses in favor
Assistance of Counsel for defense
Speedy & Public Trial
The right to a speedy trial has been defined as
100 days from arrest to beginning of trial
The right to a public trial is a protection
against secret government trials where the
fairness of them could not be monitored
Impartial Jury
A defendant has a right to a trial by jury (petit
jury – which decides guilt or innocence).
However, a defendant may waive that right and be
tried by a judge in a bench trial.
Fair jury – a fair cross section of the community.
If any person is purposefully excluded because
they are a member of a minority group then the
defendant did not get a fair trial.
Nature of the Accusation
A defendant has the right to be informed
of the nature and cause of the accusation.
Witnesses
A defendant has the right to be confronted with
witnesses against him in open court. This allows
those witnesses to be questioned regarding their
knowledge of or involvement in the matter.
The defendant has the right to compel witnesses
in their favor to testify. They will be subpoenaed
by the court.
Subpoena
From Latin for “under penalty”
a writ commanding a person designated
in it to appear in court under a penalty for
failure
Miranda v. Arizona (1966)
Using the 5th Amendment’s guarantee of due
process and protection from self incrimination
plus the 6th Amendment’s guarantee of a fair trial,
the Supreme Court said that police officers must
read a person his/her rights before questioning.
Miranda v. Arizona (1966), cont.
You have the right to remain silent, anything you
say can be used against you in a court of law.
You have the right to an attorney during
questioning and one will be provided for you if
you cannot afford one. You have the right to end
questioning at any time.
Assistance of Counsel for Defense
The defendant has the right counsel (attorney) to
help with his/her defense.
A defendant is entitled to an attorney even if he
cannot afford one. (Gideon v. Wainwright, 1963)
A defendant is entitled to an attorney during
police questioning. (Escobedo v. Illinois, 1964)
Links
http://www.courts.state.va.us/forms/district/dc
324.pdf
Gideon Letter