Many of the most important federal rights protections for criminal defendants come from the Bill of Rights. The first 10 Amendments to the Constitution of the United States of America contain key protections for those dealing with the state.
The Fourth Amendment protects people from unreasonable searches of their property and person. The Fifth Amendment protects people against forced self-incrimination. The Sixth Amendment is also crucial for those facing criminal charges.
What protections do those preparing for trial derive from the Sixth Amendment?
The right to a timely criminal trial
The Sixth Amendment enshrines the right to a speedy trial. The state cannot keep someone in custody for five years waiting to bring charges against them. The state must move quickly to charge the defendant and must also pursue the trial in a timely fashion.
The right to a trial by jury
The criminal justice system once primarily focused on the discretion of a single judge. Modern criminal defendants still have the option of requesting a trial by a judge. However, a trial by jury is often a better option. People can request that a jury of their peers hear the case and determine whether they broke the law. Jurors should be neutral. The jury selection process is often very lengthy to help ensure the fairness of the upcoming criminal proceedings.
The right to confront and compel witnesses
The Sixth Amendment grants the right to know what charges the state intends to bring against a defendant. In fact, people have a right to review the evidence that the state intends to use during their trial. That includes information about witnesses who may testify. They have the right to know who accused them of a crime and to prepare appropriate questions for cross-examination during the trial.
Defendants can also compel people to serve as witnesses even when they are not on good terms with the defendant. Lawyers can request that people testify about the circumstances surrounding an alleged crime. That authority can have a major impact on the outcome of criminal proceedings.
Learning about, and making use of, the protections extended by the Bill of Rights, including the Sixth Amendment, can help those facing criminal charges. Successful criminal defense strategies require an understanding of the state’s case, current laws and existing judicial precedent. Seeking legal guidance can help.
