Speedy and Public Trial
Because of the 6th Amendment, you have a right to a speedy and public trial. In Barker v. Wingo (1972), the Court ruled that a conviction can be overturned if the delay between arrest and trial is incredibly long. Although the time a prosecution can take to try an accused person varies by state, the general rule of thumb is that more than a year tends to be prejudicial against an accused. Also, if a court finds that a delay is due to the prosecution and not the defense, or that a delay negatively hurts the defendant's chances in any way, the defendant can have his or her conviction overturned. Very few convictions get overturned on this clause, however, because most of the time, the defendants ask for more time and not the prosecution.
Now let's talk about the public aspect to trials. The Court ruled in Sheppard v. Maxwell (1966) that a defendant's trial can become closed to the public if a defendant proves that a public trial would hurt his or her chances, or if a prosecutor can show that making the trial public would damage 'higher values' of a society. In all other cases, however, most trials have to be open to the public.
An Impartial Jury
According to the 6th Amendment, you have a right to be tried by an impartial jury. This only applies, however, to serious offenses that may result in jail time longer than six months. Minor offenses are usually tried before a judge.
To prevent juries from being biased for or against a defendant, the 6th Amendment requires that both the prosecution and defendant may question potential jurors in what is called a voir dire. If either the defendant or the prosecutor believe that a juror will be biased, he or she may challenge that juror's validity to a judge. Another way in which the 6th Amendment protects your rights from a biased jury is to ensure that jurors are selected from a representative sample of the population. In other words, how jurors are picked must be random and not systematically exclude a group of people. Think, for example, if it would be fair if all women were not allowed to be on the jury. According to the 6th Amendment, this could be grounds for throwing out your conviction.
Indictments, Right to an Attorney, and Miranda Rights
According to the 6th Amendment, you have a right to be informed of what crimes are being charged against you before the trial starts. This process is known as an indictment, in which the prosecution has to present all its information demonstrating why it is accusing you of the crime. The indictment has to be clear and specific. The prosecutor cannot be vague about what crime he or she is accusing you of.
According to the 6th Amendment, you have a right to an attorney. But, what if you are mentally challenged or poor and cannot choose or afford an attorney? The Supreme Court has ruled in Powell v. Alabama and Johnson v. Zerbst that the state must provide an attorney for you. The Supreme Court has also ruled that you are allowed to have an attorney present with you from the beginning of your arrest and throughout your trial.
In 1963, Ernesto Miranda was arrested for the rape and kidnapping of an 18-year-old girl. Miranda confessed under police interrogation but was never informed of his right to an attorney or to remain silent. The Supreme Court overturned his conviction in Miranda v. Arizona (1966) because Miranda was not told explicitly his rights under the 5th and 6th Amendments of the Constitution. As a result, today police officers must inform an arrested individual of all rights afforded to him or her in the Constitution; this set of rights is known as a person's Miranda rights.
Lesson Summary
The 6th Amendment states:
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 defence.
