The Sixth Amendment

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
The Sixth Amendment sets forth rights related to criminal prosecutions. It indicates that people have the right to a jury trial in civil suits exceeding $20. And that they have the right to Assistance of Counsel. 





The movie Gideon's Trumpet told the story of of Clarance Earl Gideon and the court-case of Gideon vs. Wainwright. Gideon was accused of breaking into a pool room and stealing some wine, beer, cigarettes, coca-cola, and change from the register. When the pool hall was robbed, a man standing outside said that he saw Gideon leave with a bottle of wine. Later, when Gideon was questioned by the a policeman, he was carrying a lot of change in his pockets. Gideon was arrested at that time. On the day of his trial, Gideon did not have a lawyer. He asked the judge to appoint him a lawyer but his request was denied. This was because Florida law stated that only defendants in capitol cases would be appoint a lawyer unless it was a special circumstance. After he was denied his request for a lawyer he had no choice but to represent himself. He tried to defend himself, to no avail. He was not able to prove to the jury that he was not guilty and they proceeded to convict him. The judge sentenced him to five years in prison because he had four prior convictions. While in prison, he studied the law to try gain enough knowledge to appeal his conviction. He believed that he had an unfair and unconstitutional trial.

No comments:

Post a Comment