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  • Essay / Sixth Amendment Essay - 706

    This Sixth Amendment is an amendment to the United States Constitution and is a fundamental part of the United States Bill of Rights. This brings into stark relief the rights associated with criminal prosecution. These are essentially rights enjoyed by the accused. However, some of these rights are not absolute and have certain limits. They are presented below. First, the accused has the right to a speedy trial. This provision protects defendants from unnecessary delays. Essentially, it aims to limit the late opening of the trial against the accused after his indictment. This clause sets the time limits within which the prosecution must be ready to begin indictment of the accused, a time limit which, if for any reason is violated, the case is dismissed in its entirety and the accused is surrendered at liberty. For example, within six months, the prosecution must be ready for trial for all crimes except murder charges. This right is observed in a relative manner and the circumstances of each specific case may be the limiting factor of this right. Second, there is the right to a public trial. This is a right that ensures that the trial of the accused is made public so as not to prejudice them in any way. This right, however, has a limit. This limitation posits that public trial will not be considered in cases where such publicity would infringe on the right of the accused to have his or her trial follow due process. The accused must, however, have made a substantial showing that the likelihood that the publicity will harm his or her quest for justice is high. Additionally, the trial could be closed at the request of the government. Such refusal of public trial can be war... middle of paper ...... security should be maintained for all crimes. Finally, the accused should be confronted by a witness. There should be witnesses called by the prosecution to testify against the accused. The limitation here is that this right is only applicable to criminal proceedings. To illustrate the application of the rights enshrined in this amendment, Ralph Howard Blakely, Jr V. Washington, 542 US 296 [2004] will be my first example case. . In this case, it was held that the right to a jury under the Sixth Amendment prevents judges from increasing sentences based on facts other than those decided by the jury. Finally, the case of Marc Gilbert Doggett, Petitioner V. United States, 505 US 647 (1992), sets out the right to a speedy trial. The eight years between the suspect's indictment and eventual arrest were found to constitute a violation of the speedy trial clause..