Kavi – The Sixth Amendment

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The Sixth Amendment in the Bill of Rights is the Right to Speedy Trial by Jury, Witnesses, Counsel. The creation of this amendment was motivated by the disorganization of the legal system in the United States in the 1770s and 80s. Prior to the Bill of Rights, there was no such thing as a public prosecutor, and trials were primarily shouting with neither side having a lawyer.

Additionally, juries were often biased, and familiar with both sides, resulting in biased decisions and injustice at trial. The Sixth Amendment states that in any and all criminal cases, the defendant has a right to an unbiased jury from the state in which the crime was committed, to interact with the witnesses to be used against them, to have legal counsel regardless of economic circumstances, and to have all of these in a timely manner.

Among other things, this amendment laid the groundwork for the modern legal system in the United States, indirectly founded the idea of public defenders, and helped establish legal procedures regarding evidence and witnesses. One of the most impactful debates regarding the Sixth Amendment was about the extent to which the stated rights apply. In Gideon vs Wainwright, a Supreme Court case from 1963, Clarence Gideon was charged with a felony in Florida State Court. After requesting representation and seeing his request denied, Mr. Gideon was convicted and sentenced to five years in prison.

Mr. Gideon filed a petition arguing that the state court violated his right to representation. This sparked a debate regarding whether or not the right to government funded representation for the defendant includes felonies. Ultimately, the Supreme Court ruled unanimously in favor of Mr. Gideon, setting the precedent that the aforementioned right does extend to felony defendants. However this decision also fueled further clarification on the responsibility of a court-appointed lawyer.

Most believed that the defender must provide an adequate defense for the defendant, and although the court ultimately ruled as such, action is rarely taken due to the subjective nature of the defense. The majority of the discussion on the Sixth Amendment was not heated debate, but about the need for further clarification for some of the more subjective portions of the amendment, and the previous decision is a prime example of this.

Ultimately, this amendment served its purpose. The justice system is no longer made up of shouting matches in place of trials, unrepresented defendants, and biased juries. This amendment also connects to several ideas of Enlightenment-era philosophers. In Montesquieu’s Spirit of the Laws, in addition to presenting the three branches of government which was later adopted by the United States, he provides one primary reason why a government of three branches may not be able to function: If the justice department is disorganized, and effectively controlled by either the executive or legislative branch. This would increase the risk of bias and unfair rulings. The Sixth Amendment seeks to address this issue by streamlining the trial process, and thus strengthening the justice department.

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