Sixth Amendment. Fair Trial

Transcription

1 Sixth Amendment Fair Trial

2 Many parts to a fair trial 1. Speedy and Public 2. Impartial jury (local) 3. Informed of the charges 4. Access to the same tools that the state has to prove guilt

3 Speedy Trial justice delayed is justice denied Want to avoid long periods of uncertainty and damage to his or her reputation Prevents spending a long time in jail before trial Guarantee a more accurate verdict Defendants may waive this right Preparation, work an advantage

4 Speedy Trial Definition: Trouble answering precisely Baker v. Wingo (1972) established general factors examined case-by-case Length of the delay Prosecution s reasons for the delay Whether the defendant claimed the right Actual harm to the defendant because of delay Speedy Trial Act of set fixed time limit for federal trials of no more than 100 days after arrest Some states have also enacted time limits, but only have to meet the general guidelines of Barker to be upheld

5 Public Trial Prohibits American courts from becoming like the King s chamber Too Public? - Sheppard v. Maxwell (1966) established too much publicity can deny a defendant a fair trial. In such cases: change the venue, sequester the jury, or close the courtroom (if the defendant agrees)

6 Public Trial Conflict between First and Sixth Amendments Supreme court has tried to balance the two Allow publicity but isolate the jury

7 Trial by Jury Federal - 12 person jury and unanimous verdicts Williams v. Florida (1970) 12 person juries not mandated in state courts Apodaca v. Oregon (1972) unanimous verdicts are not required in state courts for noncapital cases

8 Impartial Jury Potential jurors are questioned about their knowledge of the case and personal biases A juror will be excluded if attorneys can convince the judge of possible bias Peremptory challenge - set number of jurors that an attorney can exclude without reason Fair cross-section of the community Supreme Court has ruled against jury discrimination

9 Local English ties - sent colonists overseas Today this right can be waived if the defendant would rather not have a local trial Change of venue

10 Informed of the Charges Arraignment - initial appearance before a judge after arrest misdemeanors Defendant must be told of the charges in enough detail to prepare a proper defense Defendant enters a plea of guilty or innocent For Felonies - a grand jury often must return an indictment before the arraignment

11 Access to the same tools Confront witnesses Witness can not be secret, must confront the defendant in court Defendant has the right to cross-examine Defendant s right to be in the court room may be limited if the defendant is unruly or disruptive

12 Confront witnesses As a general rule, hearsay testimony cannot be used as evidence Exceptions: Allowed in certain cases involving a dead witness or if the witness is also accused of a crime Full cross-examination sometimes is not possible and the courts have ruled that only the opportunity is required not success

13 Face to Face Bill of Rights Text pp Coy v. Iowa (1988) use of a screen Maryland v. Craig (1990) closed circuit TV Exceptions allowed for child abuse cases Effects of testimony to the face Distorted or mistaken facts Lie less convincingly Coached testimony

14 Witnesses for the defendant Sixth Amendment right to call on witnesses to testify in your defense Compulsory process Forcing a witness or evidence to appear in court through a subpoena (a court order to appear) U.S. v. Nixon (1974)

15 Right to Counsel Sixth Amendment right to have a lawyer represent in all criminal cases if one can pay for it Too Poor? Johnson v. Zerbst (1938) Federal felony Powell v. Alabama (1932) State, capital Betts v. Brady (1942) State, special circumstances Gideon v. Wainright (1963)

16 Other items Supreme court has held that a defendant is entitled to effective assistance, not error-free Strickland v. Washington (1984) Defendant must show specific mistakes not just lack of experience in general Escobedo v. Illinois (1964) Right to counsel includes interrogation

17 Reflection Read p. 156 and respond with your thoughts pertaining to Sixth Amendment