The Sixth Amendment

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The Sixth Amendment was a response to the multiple factors of the justice system that caused a lack of order and effectiveness in handling criminal cases. There were various issues with the legal process prior to the amendment including a lack of professional police forces and no professional representation for victims and defendants. The author’s motivation for including this amendment in the constitution was to reform certain processes of the justice system with the goal of making it more fair, orderly, and thorough. The Sixth Amendment advocates for new measures around trial, legal representation, and police forces. It outlines a need for individuals to be represented by professional lawyers and judged by a fair and impartial jury. It also emphasizes the importance of procedure in court and sets a standard for effective and comprehensive trials.

One topic of debate around the Sixth Amendment is the idea of defendants being entitled to disclosure of their potential consequences if they include deportation. Scholars Jeffrey L. Fisher and Stephanos Bibas argue for the right to an appointed lawyer being restricted to more serious misdemeanors and ones that can result in severe punishments like deportation in order to relive the burden of public defense lawyers.

The also explain importance of defendants, specifically those who could face deportation depending on the legal route they take, to have the right to an appointed lawyer and an extensive opportunity to understand the potential consequences of a deal and make the best choice for how to move forward. Fisher provides evidence in the form of a court case: Padilla v. Kentucky. The events of this case took place in 2009 and 2010. It consisted of a defendant, Jose Padilla, being sent to a judge based on three counts of drug related crimes and one count of operating a tractor without a weight and distance tax number.

He entered a guilty plea for the three drug count in return for dismissal of the other count. Following this, he filed for post conviction relief on the grounds that he had not been informed of the potential for deportation by his lawyer. His ruling was reversed by the Kentucky Court of Appeals and sent for an evidentiary hearing. The ruling was then reversed back by the Kentucky Supreme Court which stated that collateral consequences, and consequences around immigration were not required to be shared by counsel under the Sixth Amendment.

This court ruling illustrates the lack of clarity around the Sixth Amendment, and the contrast in views of that information lawyers should be required to disclose to their clients. This provision has a lack of clarity in some cases, such as this court case, which can connect to themes of inequality for immigrants in the legal system throughout history. I believe that if deportation is a potential consequence of a deal, defendants should be made aware of that because their lawyer should be working in their defense and their best interests completely; and this rule should be implemented in the clause.

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