Sixth Amendment Essay

706 Words2 Pages
This Sixth Amendment is an amendment to the United States Constitution and it is a fundamental constituent of the United States Bill of Rights. It is profoundly brings forth rights associated with criminal prosecutions. In essence, these are rights to be enjoyed by the accused persons. Some of these rights, however, are not absolute, they have some limitations. They are as discussed below. Firstly, the accused person has a right to a speedy trial. This provision protects accused persons from unnecessary delays. In essence, it seeks to curb delayed commencement of the trial against the accused person after his or her indictment. This clause sets the time limits within which the prosecution should be ready to commence the charging of the accused, a time limit which if by any reason whatsoever is violated, the case is dismissed in totality and the accused released to freedom. For instance, within six months, the prosecution is required to be ready for the trial in all felonies apart from murder charges. This right is observed relatively and circumstances of each specific cases may be the limiting factor to this right. Secondly, there is a right for a public trial. This is a right that ensures the accused person’s trial is made public so as not to prejudice him or her in whichever way. However, this right has a limitation. This limitation posits that public trial will be disregarded in instances where such publicity would undermine the right of accused person to have his trial follow due process. The defendant however has to have substantively proven that the likelihood of publicity prejudicing his seeking for justice is high. Moreover, the trial maybe closed at the request of the government. Such a denial of public trial maybe war... ... middle of paper ... ...ty should be maintained for all crimes. Lastly, the defendant should be confronted with witness. There should be witnesses called by the prosecution to testify against the defendant. The limitation here is that this right is only applicable to criminal proceedings. In illustration to the application of the rights espoused by this amendment, Ralph Howard Blakely, Jr V. Washington, 542 U.S. 296 [2004] is going to be my first case example. In this case, it was held that the right to jury under Sixth Amendment restricts judges from increasing the sentences based on facts other than the jury decides. Lastly, the case of Marc Gilbert Doggett, Petitioner V. United States, 505 U.S. 647 (1992) expounds on the right to a speedy trial. It was held that the eight years between indictment and the eventual arrest of the suspect was in violation of the speedy trial clause.
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