The Sixth, Seventh and Fourteenth Amendments

1. The Sixth, Seventh and Fourteenth Amendments

2. The Sixth Amendment • The right to a speedy and public trial • The right to an impartial jury – where the crime has been committed • The right to be informed of the nature and causes of the accusation • Right to be confronted with the witnesses against him/her • Right for the assistance of counsel

3. Speedy Trials • Barker v. Wingo (1972) • No specific timetables for trials BUT some things to consider: • Length of delay? • Prosecutions reasons for delay? • Did the defendant say he wanted a speedy trial? • Was there harm in delaying the trial?

4. Public Trials • In re Oliver (1948) • Public trial is a safeguard against any attempts to employ our courts as instruments of persecution.

5. Can trials be TOO public? • Can a defendant be “convicted by the media” before they go to court? • Sheppard v. Maxwell – Supreme Court ruled that too much pretrial publicity prevented Dr. Sam Sheppard from getting a fair trial

6. What can be done if there is too much info about the case in the media? • Change of Venue (location) for the trial • Sequestering the jury • Keeping the jury from hearing the news. Only know what is said in court.

7. Whose right is it to have a public trial? The PUBLIC or the DEFENDANT? • The Defendant! • The public and or media doesn’t have the right to attend ALL trials. • Gannett Co. v. De Pasquale (1979)

8. Exceptions to the Right to a Public Trial • Rape, child molestation – names of victims are kept secret. • Courts can be emptied. • Cases of National Security

9. Impartial and Local Jury • Tradition of 12 members • Some communities have only six • Unanimous verdict in CRIMINAL trials.

10. Impartial Jury • Parker v. Gladden (1966): No juror should be prejudiced against the defendant • Judge, defense lawyer and prosecution conduct a Voir Dire to find out if a potential juror is unprejudiced.

11. Impartial Jury • Defense has right of Peremptory Challenge. • Doesn’t even have to say why a juror isn’t acceptable. • Prosecution and the judge can also exclude potential jurors they see as prejudiced.

12. A Fair Cross-Section of the Community for Juries • No systematic exclusion of identifiable groups. • Keeping women or African Americans from serving. • You can’t necessarily exclude a juror in a capital case just because they are against the death penalty.

13. Cases to Remember • Batson v. Kentucky (1986) – prosecution wouldn’t accept 4 black members to the jury because the defendant was black.

14. Local Juries • Juries must be from the state where the crime happened. • Right of the public to judge • The right of the defendant not to be shipped to someplace that will be hostile toward them.

15. Knowing the Charges • Unless you know the charges – how can you defend yourself? • Initial Appearance • Defendant told the charges • Have to be specific • Chance to plead

16. Knowing the Charges • Due Process Clause of 14th Amendment says Initial appearance or a GRAND JURY indictment must be given to the defendant before going to trial. • No skipping this step!

17. Grand Juries v. Juries • 23 members of Grand Juries / 12 in juries • Grand Juries decide if there is enough evidence for charges. • Some states mandatory • Nebraska uses when prosecution might be prejudiced. • Juries decide guilt or innocence.

18. Right to Confront • Right to Cross-examine witnesses • No hearsay testimony. • Joe told me that Jack said …. • EXCEPTIONS: • Last words • Right to ask questions challenging testimony.

19. Right to Confront: Face to face? • Problem in child abuse or spouse abuse situations. • Coy v. Iowa (1988) stopped putting defendants behind screens. • Witnesses might change minds when they saw the defendant • Less likely to lie if the defendant is “in their face”

20. Right to Confront: Face to face • 1990 Supreme Court changed their mind. • Courts can be closed to the general public • Meet in judge’s chambers • Close-circuit tv can be used in testimony of children

21. Right to Confront: Face to Face • Preference for defendant being in the court with the witnesses.

22. Compulsory Process: SUBPEONAS • The defese has the right to force witnesses to appear in court on their behalf. • Or evidence to be turned over • Even Presidents have to follow!

23. The Right to Counsel: The most important of the 6th Amendment • Powell v. Alabama (1932) • Gideon v. Wainwright (1963)

24. The Right to Counsel: Powell v. Alabama “Scottsboro Boys” • 9 young black men were accused by 2 white women of raping them. • No attorneys showed up to defend the boys. • All their trials were in one day. • All were found guilty and sentenced to death. • Supreme Court overturned the case – eventually.

25. Gideon v. Wainwright (1963) • Gideon was an ex-con drifter in Panama City, Florida in 1961 • Convicted of stealing beer and $65 from vending machines. • Don’t I have a right to a lawyer?

26. YES! • Lawyers for those unable to pay for it themselves MUST be provided at state expense in ALL cases where loss of freedom might happen. • Later included misdemeanors.

27. Lawyers Before a Trial • Escobedo v. Illinois • Mr. Escobedo kept asking if he could have a lawyer while being questioned by police. • Police denied him one and later used testimony gained to convict him of murder. • SUPREME COURT SAID NO! Lawyers must be obtained if a defendant being in custodial interrogation asks for one.

28. The Seventh Amendment • Trial by Jury is a right • A judge cannot overrule a jury unless there are particular laws that allow that. • Juries to rule on “just the facts”

29. The Fourteenth Amendment • No state can “make less” of the Constitution! • States must offer the same rights that the federal courts do.