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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.

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266 views

Does the sixth amendment protect the right to compulsory process for other types of evidence?

As an example, would it protect the right for a defendant to get a subpoena for phone company records to try an establish an alibi? Read literally, the compulsory process clause only provides "...
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Washington v Davis in How To Get Away With Murder

In How To Get Away With Murder S04E13, a character says In Washington v. Davis, your predecessors decided that even if a law has a discriminatory effect, it is unconstitutional if that was not ...
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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 ...
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1answer
219 views

When and how, after being arrested, can a person hire their own attorney?

I've never been arrested or been a party in any legal case (other than minor traffic violations) that warranted getting an attorney, so having never hired legal counsel, forgive me if this is an ...
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557 views

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 ...
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What can Jay Nixon do now?

Following the Public Defender of Missouri assigning Governor Jay Nixon to a case, what are his options?
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1answer
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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 ...
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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 ...
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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 ...
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362 views

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 ...
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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.