The Sixth, Seventh and Fourteenth Amendments

The Sixth Amendment The right to a speedy and public trial The right to an impartial jury – where the crime has been committed The right to be informed of the nature and causes of the accusation Right to be confronted with the witnesses against him/her Right for the assistance of counsel

Speedy Trials Barker v. Wingo (1972) No specific timetables for trials BUT some things to consider: –Length of delay? –Prosecutions reasons for delay? –Did the defendant say he wanted a speedy trial? –Was there harm in delaying the trial?

Public Trials In re Oliver (1948) Public trial is a safeguard against any attempts to employ our courts as instruments of persecution.

Can trials be TOO public? Can a defendant be “convicted by the media” before they go to court? Sheppard v. Maxwell – Supreme Court ruled that too much pretrial publicity prevented Dr. Sam Sheppard from getting a fair trial

What can be done if there is too much info about the case in the media? Change of Venue (location) for the trial Sequestering the jury –Keeping the jury from hearing the news. Only know what is said in court.

Whose right is it to have a public trial? The PUBLIC or the DEFENDANT? The Defendant! The public and or media doesn’t have the right to attend ALL trials. –Gannett Co. v. De Pasquale (1979)

Exceptions to the Right to a Public Trial Rape, child molestation – names of victims are kept secret. –Courts can be emptied. Cases of National Security

Impartial and Local Jury Tradition of 12 members –Some communities have only six Unanimous verdict in CRIMINAL trials.

Impartial Jury Parker v. Gladden (1966): No juror should be prejudiced against the defendant Judge, defense lawyer and prosecution conduct a Voir Dire to find out if a potential juror is unprejudiced.

Impartial Jury Defense has right of Peremptory Challenge. –Doesn’t even have to say why a juror isn’t acceptable. Prosecution and the judge can also exclude potential jurors they see as prejudiced.

A Fair Cross-Section of the Community for Juries No systematic exclusion of identifiable groups. –Keeping women or African Americans from serving. –You can’t necessarily exclude a juror in a capital case just because they are against the death penalty.

Cases to Remember Batson v. Kentucky (1986) – prosecution wouldn’t accept 4 black members to the jury because the defendant was black.

Local Juries Juries must be from the state where the crime happened. –Right of the public to judge –The right of the defendant not to be shipped to someplace that will be hostile toward them.

Knowing the Charges Unless you know the charges – how can you defend yourself? Initial Appearance –Defendant told the charges –Have to be specific –Chance to plead

Knowing the Charges Due Process Clause of 14 th Amendment says Initial appearance or a GRAND JURY indictment must be given to the defendant before going to trial. –No skipping this step!

Grand Juries v. Juries 23 members of Grand Juries / 12 in juries Grand Juries decide if there is enough evidence for charges. –Some states mandatory –Nebraska uses when prosecution might be prejudiced. Juries decide guilt or innocence.

Right to Confront Right to Cross- examine witnesses –No hearsay testimony. Joe told me that Jack said …. EXCEPTIONS: –Last words Right to ask questions challenging testimony.

Right to Confront: Face to face? Problem in child abuse or spouse abuse situations. Coy v. Iowa (1988) stopped putting defendants behind screens. –Witnesses might change minds when they saw the defendant –Less likely to lie if the defendant is “in their face”

Right to Confront: Face to face 1990 Supreme Court changed their mind. Courts can be closed to the general public –Meet in judge’s chambers Close-circuit tv can be used in testimony of children

Right to Confront: Face to Face Preference for defendant being in the court with the witnesses.

Compulsory Process: SUBPEONAS The defese has the right to force witnesses to appear in court on their behalf. Or evidence to be turned over Even Presidents have to follow!

The Right to Counsel: The most important of the 6 th Amendment Powell v. Alabama (1932) Gideon v. Wainwright (1963)

The Right to Counsel: Powell v. Alabama “Scottsboro Boys” 9 young black men were accused by 2 white women of raping them. No attorneys showed up to defend the boys. All their trials were in one day. All were found guilty and sentenced to death. Supreme Court overturned the case – eventually.

Gideon v. Wainwright (1963) Gideon was an ex-con drifter in Panama City, Florida in 1961 Convicted of stealing beer and $65 from vending machines. Don’t I have a right to a lawyer?

YES! Lawyers for those unable to pay for it themselves MUST be provided at state expense in ALL cases where loss of freedom might happen. –Later included misdemeanors.

Lawyers Before a Trial Escobedo v. Illinois –Mr. Escobedo kept asking if he could have a lawyer while being questioned by police. –Police denied him one and later used testimony gained to convict him of murder. –SUPREME COURT SAID NO! Lawyers must be obtained if a defendant being in custodial interrogation asks for one.

The Seventh Amendment Trial by Jury is a right A judge cannot overrule a jury unless there are particular laws that allow that. –Juries to rule on “just the facts”

The Fourteenth Amendment No state can “make less” of the Constitution! States must offer the same rights that the federal courts do.