Lesson 17 EQ: What does the 6 th Amendment protect you from?

1. Lesson 17EQ:What does the 6th Amendment protect you from?

2. Objective: • SWBAT describe the protections given by the 6th Amendment • Do Now: • What does the 6th Amendment say? ______________________________________________________________________________________________________________________________ • Homework: • Current Events due Friday!

3. 6th Amendment:Rights of the Accused • Section 1: • Right to a Speedy and Public Trial • Prosecution must be ready within 180 days • Trial must be open to the public and press (except in family law cases) • Section 2: • Right to an Impartial Jury • Chosen from the state and county where the crime was committed

4. 6th Amendment Cont’d • Section 3: • Right to be informed of the “nature and cause of the accusation” • Right to be informed of the charges against you • Takes place at the arraignment

5. Arraignments • 1st formal court proceeding following arrest • Usually takes place within 24 hours of arrest (exceptions for weekends, holidays and extraordinary circumstances) • Arraignments usually last 5 minutes during which: • Counsel is appointed (if defendant cannot afford private counsel) • Defendant is formally informed of the charges (can waive the reading of the charges) • Defendant enters a plea (almost always “not guilty”) • Bail is set

6. Bail • Purpose of bail: • To guarantee that the defendant will appear for all court appearances (it is not a punishment) • Bail is a trade…Money and/or property for freedom • Bail is returned at the conclusion of the trial • Bail is forfeited (lost) if the defendant does not show for court

7. Bail Cont… • Amount of bail is set by the judge after hearing arguments from the D.A. and defense lawyer • Bail amount should be enough to ensure defendant will not flee • Bail amount can vary: • No bail required • Released on own recognizance (R.O.R.) • Released into the custody of another • A dollar amount • Held without bail

8. Bail Cont… • Factors that are considered when setting bail: • Seriousness of the crime • Past criminal history of the defendant • Ties to the community • Ability to leave the jurisdiction • There is a constitutional requirement that bail not be excessive: beyond what is reasonable for the circumstances (8th Amendment)

9. 6th Amendment Continued • Section 4: • Right to be confronted with the witnesses against you • Right to have your accusers testify in open court • Right to cross-examine your accusers so that you can “impeach” their testimony (show it not to be believable)

10. 6th Amendment Continued • Section 5: • Right to have subpoena powerto force witnesses to testify on your behalf • Subpoena is a court order forcing someone to do something; in this case it forces them to testify in court • Failure to appear results in being held in contempt of court and being arrested and held until you testify

11. 6th Amendment Continued • Section 6: • Right to have assistance of counsel • 2 questions left unanswered by the Constitution • When does the right attach?...At time of custody or at time of arraignment? (Miranda answered the question…Time of custody) • For whom does the right attach?...For everyone accused of a crime or only for those who can afford an attorney? • Gideon v. Wainwright