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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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Court closure incident by Judge Juan Merchan in Trump NY trial: Would this be structural error or harmless?

Yesterday, Judge Juan Merchan of the NY Supreme Court , trial division temporarily closed the court to the public by removing the press and jurors to address insolent behavior by a defense witness in ...
Anthony's user avatar
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2 votes
2 answers
107 views

Is the severity of the sentence for contempt of court correspondent to the severity of the original charge?

Imagine someone is arrested, detained, then brought into a court room and asked to swear that they will tell the truth, the whole truth, and nothing but the truth, and the defendant says, “No, I do ...
Julius Hamilton's user avatar
5 votes
2 answers
3k views

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 ...
gatorback's user avatar
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27 votes
4 answers
3k views

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

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 ...
WGroleau's user avatar
  • 802
9 votes
1 answer
3k views

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'...
Mark's user avatar
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-5 votes
2 answers
254 views

Why no right to a jury trial in Espionage Act trials?

Why are defendants in trials for alleged criminal violations of the 1917 US Espionage Act, -- as, say, Julian Assange would be if extradited to the US -- not afforded the same right to an open and ...
Wd Fusroy's user avatar
0 votes
1 answer
107 views

How is Biden’s lawyers turning the documents over not a material breach of client-attorney confidentiality and a violation of the 5th, 6th Amendments?

If a client confessed to plans, in-going activity or intent to commit a crime, an attorney may disengage. I would argue imposing a duty on an attorney to disclose their reasons if it requires court ...
Raiden Snaker's user avatar
8 votes
2 answers
3k views

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 ...
Anthony's user avatar
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1 vote
2 answers
197 views

Does one have the power to order the police to provide them with a public defendant lawyer during a traffic stop, stop-and-frisk, or pretextual stop?

When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor ...
user avatar
0 votes
0 answers
29 views

Are individuals empowered to order the police for a free public attorney to represent them during a Terry Stop or non-arrest interrogation? [duplicate]

Is one allowed to order the police to provide an attorney (6th amendment right) and have the benefit of not being questioned further during a Terry Stop or brief questioning/interrogation where the ...
user avatar
0 votes
2 answers
145 views

Is the right to effective assistance of counsel an inherent right or a privilege

Effective assistance of counsel is a right provided by the 6th amendment. A conflict free counsel is paramount in receiving effective assistance. Can a statute/law deny one a conflict free counsel? Of ...
Brother Al's user avatar
7 votes
3 answers
4k views

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's user avatar
3 votes
2 answers
220 views

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 ...
kisspuska's user avatar
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0 votes
1 answer
114 views

Does Alice have an implied covenant of good faith and fair dealing duty towards appointed counsel, Bob?

Alice is charged under a criminal accusation, and counsel is appointed for Alice under the Sixth Amendment. Alice gives written notice to Bob (the appointed counsel) that Alice will always have at ...
kisspuska's user avatar
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3 votes
1 answer
365 views

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, ...
David Siegel's user avatar
0 votes
2 answers
137 views

Can a US criminal bench trial be conducted without a defendant's jury waiver?

In 1980, the Court of Appeals of the Third Circuit ruled that the Fifth Amendment's due-process clause overrides the Seventh Amendment right to a jury trial in complex civil cases. This opinion was in ...
BakedAlaska624's user avatar
2 votes
2 answers
217 views

The court does, but does your attorney have any duty to assume you are truthful for the sake of a problem spotting?

When a complaint is first filed, per case law, courts have a duty to assume each allegation you make on information and belief as long as they are each not contradicting any other statement or other ...
kisspuska's user avatar
  • 3,924
2 votes
1 answer
172 views

Fifth Amendment privileges v. Sixth Amendment privileges in criminal trials

I'm quite confident that all users on Law StackExchange are well acquainted with the Fifth Amendment of the Constitution, which confers the privilege against self-incrimination upon witnesses as well ...
Tolga Eskici's user avatar
2 votes
1 answer
201 views

US criminal case - change of venue

In the US, if a defendant in a criminal trial (in state court) wants to change the venue of the trial, is it possible to have it changed to another state?
John B's user avatar
  • 183
8 votes
5 answers
5k views

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's user avatar
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2 votes
2 answers
153 views

How is the right to "speedy trial" being protected during pandemic?

The right of a person accused of a crime to a "speedy trial" is widely considered a fundamental human right. It is enumerated in a number of government constitutions. However during the ...
feetwet's user avatar
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0 votes
2 answers
349 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 "...
AJMansfield's user avatar
9 votes
3 answers
6k views

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 ...
feetwet's user avatar
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0 votes
1 answer
327 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 ...
user avatar
1 vote
2 answers
628 views

Is NY State Constitution Article VI Section 18 (a) Unconstitutional?

NY State Constitution Article VI Section 18 (a) reads: [Trial by jury; trial without jury; claims against state] §18. a. Trial by jury is guaranteed as provided in article one of this constitution. ...
olhodolago's user avatar
9 votes
2 answers
847 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 ...
Michael Hardy's user avatar
3 votes
2 answers
136 views

What can Jay Nixon do now?

Following the Public Defender of Missouri assigning Governor Jay Nixon to a case, what are his options?
chx's user avatar
  • 388
4 votes
1 answer
262 views

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 ...
Alan's user avatar
  • 795
19 votes
3 answers
2k views

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 ...
feetwet's user avatar
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9 votes
2 answers
2k views

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 ...
DidIReallyWriteThat's user avatar
5 votes
2 answers
653 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 ...
feetwet's user avatar
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6 votes
8 answers
1k views

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's user avatar