Sixth Amendment of US Constitution

Sixth Amendment of US Constitution

Introduction

The sixth amendment of the US constitution has a different importance alike the other amendments. It provides rights to the criminals who are thought be a stain in civilized and developed societies. It ensures that the criminals are given fair jury and sentenced only when the accusations them are proven true. This paper discusses its each clause in detail along with a case study in which right to council is discussed.

Discussion

History

Before 18th century martyrs were not recognized as martyrs and were unable to get fair trial also. The criminals were tried by unknown judges called from away places and they were also not informed of the crimes they have conducted. The sixth amendment of the US constitution was proposed by George Mason who is said to be the guide of George Washington. The amendment was written before a month of Independence declaration. It was also included in the Virginia Declaration in 1776 and was ratified in 1791. Each clause of the amendment is crafted from different historical context.

The Amendment text

“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.”

This amendment provides seven rights to the criminals above any discrimination any prejudice. These are rights to:

An immediate trial.

A public trial.

Be judged by an unbiased jury.

Be informed of the circumstances and characteristics of the alleged crime.

Confronted by the witnesses against and favor of the criminal.

To hire a lawyer or attorney.

An immediate trial

The “speedy trial” guarantees that the alleged criminals are tried as soon as possible so that they do not have to spend several days or months in prison without being tested or a verdict of being guilty. This practice was frequent in English history that is why the Founding Fathers formulated this clause in this amendment so that rights of criminals can be protected.

A public trial

Though this clause does not sound good enough and seems embarrassing to conduct the trial in public against any criminal but embarrassment is better than imprisoned for ...