In American society today, you mainly hear about Amendments
one, two, and five (the Freedom of the People, the Right to
Bear Arms, and the Right to not Incriminate Oneself,
respectively). This leaves the other Amendments far from
people's minds. What about the 13th Amendment, keeping people
from having slaves? What about the Repeal of Prohibition,
giving people the right to drink freely? But one of the most
ignored Amendments is the sixth, giving rights to people
accused of crimes. Well, this poor Amendment is not forgotten
completely.
Amendment Six
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 have compulsory
process for obtaining witnesses in his favour, and to have
the assistance of counsel for his defence.
'The right to a speedy and public
trial...'
'The accused shall enjoy the right to a speedy and
public trial' was put in to ensure that the person accused
of a crime will not be made to wait in jail for an abnormal
period of time before their trial.
'... by an impartial jury of the state and district
wherein the crime shall have been committed...'
What this means is the accused person's fate will be
decided by a jury that is not prejudiced one way or another,
and that the jury should be from the same area as the accused
person.
'... to be informed of the nature and cause of the
accusation...'
This means that any person arrested should be told what
crime they are accused of and why they have been accused.
'... to have compulsory process for obtaining
witnesses in his favour...'
This is a complicated way of saying that if the accused
person knows of someone who can help prove him innocent, he
has the ability to force that person to testify.
'... and to have the assistance of counsel for his
defence.'
This means that the person accused of a crime has the right
to have a lawyer present with him at all times before and
during the trial.
The Miranda Rights
Nowhere has the last part become more evident than in the
case of Ernesto Miranda vs the State of Arizona. In this case,
the accused, Miranda, did not know he could have a lawyer with
him, and was forced into giving a confession. Miranda,
convicted of kidnapping, was pardoned by the Supreme Court
because he was unaware of his rights.
The direct result of this case are the 'Miranda Rights',
which must be read to a person upon their arrest. If they are
not read, then the arrest is invalid and the person may go
free.