Your Rights as a Citizen

Bill of Rights: Amendment VI

"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 witness against him, to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel."

The Sixth Amendment attaches upon arrest with a right to counsel, but is most relevant during the trial phase of the prosecution. There are six clauses to the Sixth; each protects the citizen's right to a fair trial. The Supreme Court has ruled that these rights are so important that they are protected in State courts by way of the Fourteenth Amendment.

(1) Speedy Trial - All persons brought to trial must be given a public trial (although not an absolute) in a timely manner. The timeliness factor has been codified in most jurisdictions.

(2) Right to a Jury - The right to a trial by jury is interpreted to depend on the nature of the offense with which the defendant is charged. Lower misdemeanors - those punishable by imprisonment for not more than six months - are not covered by the jury requirement. Proceedings in state juvenile courts do not require juries either. Juries are required to be impartial and this is determined by a process known as voir dire (see them speak) in which a jury pool is questioned by the Judge or by prosecution and defense counsel and then chosen via elimination. A jury must also be reflective of the face of the community.

(3) Notice of Accusation - A defendant has, under the Sixth Amendment, the right to be informed of the nature and cause of the accusation against him. When indicted, the indictment must allege all elements of a crime. Vague wording as well as imprecise language regarding potential punishment and proper jurisdiction will violate this clause.

(4) Right to Confront (the Confrontation Clause) - A citizen, under the Sixth Amendment, must have an opportunity to "confront" and cross-examine witnesses. This clause requires the prosecution present their witnesses in person for the defendant to cross-examine. The prohibition of hearsay (with exceptions) is based on the same rationale as the Confrontation Clause. Hearsay is testimony by one witness as to the statements and observations of another person. If hearsay was allowed the defendant has no opportunity to challenge the credibility of and cross-examine the person actually making the statements. in addition, the right to confront and cross-examine witnesses also applies to physical evidence; the prosecution must present physical evidence for the defense to examine.

(5) Right to Compulsory Process - The defendant must also be permitted to call witnesses in his favor. If such witnesses refuse to attend, they may be compelled to do so by the court, free of charge to the defendant.

(6) Right to Counsel - The last clause of the Sixth Amendment may well be the most important protection offered. The defendant has the right to not only be heard through such attorneys as he pleases but furthermore, the defendant may represent himself - otherwise known as pro se. The court may, however, deny the defendant such a right when it is deemed that the defendant is incompetent to waive the right to counsel. Furthermore, an indigent defendant must be appointed counsel free of charge.