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 have the Assistance of Counsel for his defense. (X)
What does this mean?
Well, let's take it into parts.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial[.]
This means that the person accused of a crime must have a quick & public trial - basically the accused can't be chilling in jail for 3 years when in actuality the person is innocent.
If too much time passes between the crime & trial, as stated by Annenberg Classroom, the witnesses may die, leave the USA, their memories can turn into a blur since it was so long ago and physical evidence could be lost.
[B]y an impartial jury of the State[.]
This means the people of the jury cannot be prejudice & must have no affiliation with the person accused to ensure that it is a fair trial.
WHY?
Well, say a person of the jury knows the person accused personally then that could affect if the accused is deemed innocent / guilty to that person which means that would not have been a fair trial.
[A]nd district wherein the crime shall have been committed, which district shall have been previously ascertained by law[.]
This means that the trial must be held where the crime occurred - not 2000 miles away in the middle of a random city.
[ This site details that say if it not possible to get an impartial jury because the person accused has been plastered on all local news outlets, then in that case then the jury can be people from a random city 2000 miles away ( Okay, perhaps not 2000 miles away specifically, but from a place where people of the jury will treat the person accused with no prejudice.)]
[A]nd to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him[.]
This section of the Amendment is referred to as the Confrontational Clause. The person accused of the crime must know exactly what they are being accused of AND they are allowed to approach the people accusing them of said crime. (X)
As stated by GETLEGAL
The indictment usually is read in open court, and the judge will ask if the defendant understands it.
SPEEDY TRANSLATION: The Government can't use some fancy vocabulary from the thesaurus that the accused person won't understand.
[T]o have compulsory process for obtaining witnesses in his favor[.]
This means the person accused can call a witness to trial if they believe the witness will help their case. To ensure that said person does come to court, the court can issue a subpoena. (X)
What is a subpoena?
A document that requires its recipient to appear in court as a witness.
SPEEDY TRANSLATION: Basically, even if said witness doesn't want to come to court, they have to come to court if the subpoena is issued.
[A]nd have the Assistance of Counsel for his defense.
As mentioned in the Fifth Amendment via The Miranda Rights. However, the difference is that in this Amendment is it only applies after the person is charged with the crime.
In the 5th Amendment: right to counsel during "custodial interrogation". (X)
As stated by NOLO:
The term "custodial" refers to the suspect being in custody. It doesn't necessarily mean handcuffs. Rather, it means that the police have deprived the suspect of his or her freedom of action in any way.
In the 6th Amendment: right to counsel during the stage where the person is told by a judge of the charges against him. (X)
To Summarize:
‣ The right to a quick & public trial.
‣ The right to be on trial with a jury that is not prejudice.
‣ The right to know what charges are made.
‣ The right to confront those who made those charges.
‣ The right to call a witness that the person accused believes will assist in the case.
‣ The right to an attorney.
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In what ways has President Trump & his administration done something that pertains to this Amendment:
Nothing at this time.
-if needed this will be updated from time to time.-
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Is there an Amendment you would like to know more of?
to be taken to a list & choose which one you would like to learn more about.
This is a series that is ongoing - Every Wednesday [ #WednesdayAmendment ] there will be an Amendment Explanation paired with what President Trump & his administration have done that pertains to the Amendment discussed.
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