Essay on The Sixth Amendment - 1908 Words

The Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provide a thorough analysis of these above rights and give some history of the 6th Amendment. The Sixth Amendment was written by George Mason, who was a mentor of George Washington. It was written just a month before the Declaration of†¦show more content†¦However, Supreme Court has never set any particular time limit which must be applied. In addition, the prosecution cannot delay too much the trial for its own advantage, but the trial can be delayed to secure the presence of the witness. If it is found that a defendants right to a speedy trial is violated, then the indictment is cancelled and conviction is subverted. The reversal of criminal case on the issue of speedy trial results in no further prosecution for the alleged offense. The reason for this right was the fact that with the passage of time the witnesses can be lost because of death, blurring of memory and other factors. However, there are also some other reasons: person in jail must be supported at considerable expense and, sometimes, even family members must be assisted as well. The guarantee of the speedy trial is one of the fundamental liberties embodied in the Bill of Rights. The right has some limitations: it is activated only when the criminal prosecution has begun and applies only to those people who have been accused during the prosecution. There are only two cases known so far in which the Court held that the speedy trial right has been violated: Smith v. Hooey (1969) and Dickey v. Florida (1970). In these cases the States preferred criminal charges against people who were already confined in prisons of other jurisdictions as aShow MoreRelatedHistory and Development of the Sixth Amendment Essay1044 Words   |  5 PagesMuthu S. Weerasinghe Constitutional Law LS 305 – 01 Unit 7 Essay The Sixth Amendment of the Bill of Rights contains seven clauses that protect the rights of the accused. The amendment assures the accused that â€Å"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 haveRead MoreThe Sixth Amendment: Providing Justice for Everyone Essay731 Words   |  3 PagesThe 6th Amendment: Providing Justice for Everyone Prior to the Revolutionary War, if the British accused a colonist of a crime, he would most likely receive an unfair trial and a prison sentence. 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When the callRead MoreWho Is A Criminal Offender?1542 Words   |  7 Pagesthe history of the S ixth Amendment, information on self-representation process, individuals charged with a felony who use pro se, court cases dealing with pro se, and lastly laws in Virginia pertaining to criminal pro se defendants. Sixth Amendment First and foremost the criminal justice system is what it is today due to the first ten amendments to the Constitution that was ratified on December 15, 1971, also known as the Bill of Rights (Worrell and Moore, 2014). These amendments set the pathway for