SIXTH AMENDMENT

Sixth Amendment Guarantees

Sixth Amendment Guarantees

Introduction

The right to a speedy trial is a constitutionally protected right, guaranteed by the Sixth Amendment of the United States Constitution, and made applicable to the states through the due process clause of the Fourteenth Amendment. The Sixth Amendment provides in part that “in all criminal prosecutions, the accused shall enjoy the right to a speedy trial.” This guarantee of a speedy trial is one of the most basic and fundamental rights preserved by the United States Constitution; its origin dates back to Chapter 40 of the Magna Carta of 1215, in which justice was not to be denied or delayed. (Kerker 2002)

Discussion and Analysis

Sixth Amendments (1791) deal with rights of persons accused of crimes. Liberals tend to favor broad interpretations of rights for persons accused of crimes, while conservatives are more likely to argue that such interpretations allow criminals to avoid punishment. From the early 1950s to the late 1960s, the Warren Court was successful in extending rights of the accused, incorporating aspects of the Constitution so that they also limited state governments for the first time. It was not until the 1980s, under Chief Justice William Rehnquist, that the court began to reverse the Warren Court's actions, allowing police officers greater leeway in the arrest and interrogation of prisoners and permitting what many liberals consider “unconstitutional” evidence to be used in courts. (Kerker 2002)

The fact that the amending process is difficult and lengthy makes it less likely that amendments will be passed in response to emotional issues such as abortion and flag burning. Originally, the Supreme Court decided that constitutional amendments only limited the national government; but through the process of incorporation, the court has also been restricted from interfering in basic rights. Conservatives in Congress continue to attempt to use the amending process to restrict individual rights. Liberals, on the other hand, have consistently argued against amendments that limit individual rights or those that restrict the ability of politicians to perform their responsibilities.(Hall 1992)

When the liberal Federalist constitution was dispatched to the states for ratification, conservative anti-Federalists tried to block its passage because they accepted that a powerful centered government would intimidate the sovereignty of the 13 one-by-one states. James Madison, Alexander Hamilton, and John Jay released The Federalist Papers to allay their fears. While they could not impede ratification of the Constitution, the anti-Federalists were thriving in compelling the addition of a Bill of Rights. When Congress contacted for the first time, Madison presented 12 amendments from the over 200 that were submitted. Ten of those became the Bill of Rights, which was conceived as asserted by the academic liberal conviction that government should be restricted in alignment to defend the “inalienable rights” of individuals. (Hall 1992)

Guarantees in the Sixth Amendment encompass the right to a speedy trial, an impartial committee of one's gazes, the right for the accused to confront witnesses, the right of subpoena, and the right to counsel. It was not until ...