the sixth amendment essay
Sixth Amendment 101
Reylini Arnaud
Criminal Law and Procedures
ASA College
“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” (Madison, 1789).
The Sixth Amendment was put into the Bill of Rights by James Madison and was introduced as a part of the Bill of Rights into the United States Constitution on September 5, 1789 and was voted for by 9 out of 12 states on December 15, 1791 (Longfield, 2015).
English common law denied the right to council for anyone accused of a felony but granted that right to those charged with a misdemeanor offense, according to the Cornell School of Law. Early colonial law varied by state, with some sticking to the English standard and others appointing council when council could not be obtained. The language used in Sixth Amendment indicates an understanding by Congress of a need for representation of those who could afford it, but it wasn 't until the 1930s that the Supreme Court expanded to law to provide council if it could not be afforded (Cornell University Law School Legal Information Institute, 2013).
If the Sixth amendment verbiage is confusing breaking it down sentence by sentence is a way to better understand exactly what rights this amendment gives “we the people”.
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial”: The person that is accused is guaranteed his right to a quick trial. This doesn’t protect the accused person from a lengthy trial however. The line means that the country or state cannot make the person sit in jail for a very long
Reylini Arnaud
Criminal Law and Procedures
ASA College
“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” (Madison, 1789).
The Sixth Amendment was put into the Bill of Rights by James Madison and was introduced as a part of the Bill of Rights into the United States Constitution on September 5, 1789 and was voted for by 9 out of 12 states on December 15, 1791 (Longfield, 2015).
English common law denied the right to council for anyone accused of a felony but granted that right to those charged with a misdemeanor offense, according to the Cornell School of Law. Early colonial law varied by state, with some sticking to the English standard and others appointing council when council could not be obtained. The language used in Sixth Amendment indicates an understanding by Congress of a need for representation of those who could afford it, but it wasn 't until the 1930s that the Supreme Court expanded to law to provide council if it could not be afforded (Cornell University Law School Legal Information Institute, 2013).
If the Sixth amendment verbiage is confusing breaking it down sentence by sentence is a way to better understand exactly what rights this amendment gives “we the people”.
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial”: The person that is accused is guaranteed his right to a quick trial. This doesn’t protect the accused person from a lengthy trial however. The line means that the country or state cannot make the person sit in jail for a very long
Cited: Cornell University Law School Legal Information Institute. (2013, January 1). Retrieved from U.S. constitution sixth amendment: https://www.law.cornell.edu/constitution/sixth_amendment Karp, M. F. (2000). Sixth Amendment Right to Counsel. New York Law Journal , 233. Lemke, T. (2015, July 31). Facts of the sixth amendment of the constitution. Retrieved from ehow: www.ehow.com/info_8606189_6th-amendment-constitution.html Longfield, R. (2015, July 31). Sixth Amendment. Retrieved from Laws: http://kids.laws.com/sixth-amendment Madison, J. (1789, September 5). Sixth Amendment. Retrieved from The free law dictionary by farlex: http://legal-dictionary.thefreedictionary.com/Sixth+Amendment