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Questions tagged [sixth-amendment]

For questions about the Sixth Amendement. The Sixth Amendement states that criminal defendants have the right to have a speedy and public trial by an unbiased jury that repesents the community. Further, it states that the defendant will be informed of what he is accused for and that he has the right to be represented by counsel.

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.

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Can the insurrection clause be applied without a conviction by jury?

Folks are trying to keep Trump off the ballot because "he engaged in insurrection."  Now, let's NOT argue about whether he did or didn't.  What I'm interested in is judges saying he did AND applying consequences for doing so when he has neither been…
WGroleau
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How is it constitutional to require defendants to pay for counsel?

In all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence. (U.S. Constitution, Sixth Amendment.) The last Supreme Court ruling on this appears to be Gideon v. Wainwright, which applies…
feetwet
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Why *must* a defendant be present during a criminal trial?

The Sixth Amendment guarantees: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury.... I recently discovered that, in general, these "rights" are not optional! For example, under…
feetwet
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Does the right to a speedy trial extend to the prosecution?

The Sixth Amendment to the US Constitution guarantees the defendant the right to a speedy trial. In comments related to Donald Trump's latest arraignment, his lawyer suggested that Donald Trump doesn't want a speedy trial. Has a ruling ever held…
Mark
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No right to a public defender

In a recent court case in NC, USA, the appeals court upheld that the trial court did not make a mistake in forcing a person to choose between counsel and testifying. Basically, the court appointed lawyer said the client was going to lie, and the…
DidIReallyWriteThat
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Getting away with murder in Yellowstone National Park?

http://www.vice.com/read/theres-a-50-square-mile-section-of-yellowstone-where-you-can-get-away-with-murder Is there something to the idea explained on the page linked above? It says portions of Yellowstone National Park are in Idaho, Montana, and…
Michael Hardy
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How literally do courts in USA interpret face to face confrontation right of defendant under sixth amendment?

I will soon be a major witness in a criminal trial of another in the USA. I was present at the scene and was asked by state to testify at criminal trial. The defendant is facing felony charges against the person and property (burglary) In meeting…
Anthony
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Does the sixth amendment entitle me to know who called the county on me for a code violation?

Is my accuser the person who petitioned the county to investigate a code violation?
Bbb
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Can the right to self-represent be waived due to conflict of interest?

If a plaintiff and defendant have a personal connection, and one (or both) of them represents themselves, won't that pose a conflict of interest between the councillor(s) and the opposing side(s)?
user110391
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Unable to afford a lawyer, can I go into court by myself?

A lot of people are unable to afford a public defender, so I was wondering if this is possible.
LOSTinNEWYORK
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Do foreign nationals have the right to a speedy trial?

A teenager who is not a citizen of the United States is charged with a criminal offense. Does the teenager have the right to a speedy trial? If yes, at what point in time is the trial late and no longer speedy?
gatorback
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Is there any recourse for costs and consequences of police detention?

Police can detain a suspect for 48-72 hours (depending on the state) without filing charges. Note that this is before any judicial scrutiny occurs: I.e., not only are you (supposedly) presumed innocent, but you have not even been indicted and the…
feetwet
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Could a federal criminal defendant sue the Senate on 6th amendment grounds?

Specifically, I'm talking about the part of the 6th amendment that guarantees the right to a speedy trial. I've read quite a bit about the long vacancies in federal judge positions due to the senate not holding any hearings to confirm anyone at…
Alan
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If you represent yourself, do you have a constitutional right to the assistance of counsel in a criminal prosecution?

In other words: Do you have a right to the assistance of counsel if you elect to assume charge of the strategic and tactical control of your own defense in a criminal prosecution and elect to speak for yourself in your own defense?
kisspuska
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What does it mean that a trial in a US court is "Public"?

This question is based on this answer to Constitutionality of outlawing recording of court proceedings in the United States and relates comments. The Sixth Amendment to the US Constitution provides, in relevant part, that: In all criminal…
David Siegel
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