2006

Amendment VI

"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."

 

An Analysis of the 6th Amendment

Basically, the 6th Amendment states that in all criminal trials, the defendant has the right to demand that a trial be held quickly, and also that they have the right to demand that a trial be held publicly. It also states that an unbiased jury be impaneled (note -this- well!) from the State -and- District in which the crime was committed. It also states that the accused be fully informed of both the nature of the charges against them (the charges that have been placed, the reasons why they are being charged, and the result of the charges should they be affirmed), and the cause of the charges against them (the accused must be informed as to who placed the charges). It also states that the defendant has the right to be faced with the people who placed the charges; and that the Defendant has the right to call witnesses in their defense, and that the defendant has the right to have an attorney-at-law (lawyer) assist them in making their defense.

Yes, this means that all criminal trials that are transferred to another State, or even another district within the State that the crime occurred in, are unconstitutional.

So, what do you do when an unbiased jury cannot be found in the district? You use another legal determination of the district in which the crime was committed. The federal government has established federal zones primarily for the use of the US Postal Service. This is where we get the Zip Code on all our mail. The first digit of your Zip Code is the federal zone you are living in. This could be used as a method of determining the district in which the crime was committed. Most States are in one federal zone. You could conceiveably hold the trial anywhere within the State (as long as the first digit of the Zip Code was the same as the one in which the crime was committed). However, this is not what is generally done.

A Modern 6th Amendment

In any criminal trial, the defendant shall have the right to demand a speedy trial and/or a public trial, by an unbiased jury of the State and district in which the crime was committed, this district having been legally determined. The defendant shall be informed about the reasons for the charge(s), the type of charge(s), and the result of the charge(s). The defendant shall have the right to face the accusers. The defendant shall have the right to call witnesses in their defense. The defendant shall have the right to have a lawyer assist them in the trial.

 

 

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