Eleanor Finch
The Sixth and Seventh Amendments to the US Constitution outline several rights that apply to criminal and civil court trials. The Sixth Amendment, ratified in 1791, grants criminal defendants the right to a speedy and public trial, an impartial jury, legal representation, and more. The Seventh Amendment, also ratified in 1791, ensures citizens' right to a jury trial in federal civil cases, prohibiting judges from overruling jury facts. These amendments have been pivotal in shaping US trial procedures and safeguarding citizens' rights during legal proceedings.
| Characteristics | Values |
|---|---|
| Sixth Amendment | Ratified on December 15, 1791 |
| Grants citizens a series of rights in criminal trials | |
| Guarantees criminal defendants eight different rights | |
| Right to a speedy and public trial | |
| Right to an impartial jury | |
| Right to be informed of the nature and cause of the accusation | |
| Right to confront witnesses | |
| Right to have witnesses appear in the trial | |
| Right to legal representation | |
| Seventh Amendment | Ratified on December 15, 1791 |
| Grants citizens the right to a jury trial in civil affairs | |
| Protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value | |
| Prohibits judges in these trials from overruling facts revealed by the jury |
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What You'll Learn
The Sixth Amendment: Rights of the defendant
The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Sixth Amendment guarantees criminal defendants eight different rights:
Firstly, the accused has the right to a speedy and public trial. The Supreme Court laid down a four-part case-by-case balancing test in Barker v. Wingo (1972) to determine whether a defendant's right to a speedy trial has been violated. The four factors are: length of delay, reason for the delay, manner in which the defendant has asserted his right, and time.
Secondly, the accused has the right to an impartial jury trial consisting of jurors from the state and district in which the crime was committed. The jury must be unbiased and must consist of a representative cross-section of the community. The right to a jury applies only to offences in which the penalty is imprisonment for longer than six months. The Sixth Amendment also mandates unanimity in all federal and state criminal jury trials.
Thirdly, the accused has the right to be informed of the nature and cause of the accusation against them. An indictment must allege all the ingredients of the crime to a degree of precision that allows the accused to assert double jeopardy if the same charges are brought up in subsequent prosecution.
Fourthly, the accused has the right to confront and cross-examine witnesses against them, as well as the right to call their own witnesses and, in some cases, compel witnesses to testify.
Fifthly, the accused has the right to be assisted by counsel. In Gideon v. Wainwright (1963), the Supreme Court held that a public defender must be provided to criminal defendants unable to afford an attorney in all state court trials where the defendant faces the possibility of imprisonment.
Finally, the Sixth Amendment has not incorporated the vicinage right, meaning that in cases of offences not committed in any state (for example, offences committed at sea), the place of trial may be determined by Congress.
Amending the Constitution: Founding Fathers' Vision
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The Seventh Amendment: Right to a civil jury trial
The Seventh Amendment to the US Constitution, ratified on December 15, 1791, guarantees the right to a civil jury trial in federal courts for certain civil cases. This amendment, also known as the "Right to Jury Trial in Civil Affairs", ensures that citizens have the right to a jury trial in civil matters where the claim exceeds a specified monetary value. The exact text of the amendment states:
> "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
The Seventh Amendment's provision for civil jury trials has its roots in traditional English common law. During the Middle Ages, English courts often included individuals with no legal expertise in their juries. This practice carried over to the American colonies, where it became a way to counter English laws that were increasingly unpopular. By the time of the Revolution, many of the new states' constitutions explicitly guaranteed the right to a jury in both civil and criminal cases.
The inclusion of the Seventh Amendment in the Constitution was a response to the demands of Anti-Federalists, who believed that civil juries would serve as a safeguard against potential overreach and corruption in the federal government's legislative, executive, and judicial branches. The amendment has two clauses, which have been generally well understood, except for the interpretation of the phrase "common law." This phrase refers to the law as interpreted by judges rather than legislation created by legislative bodies. However, due to variations in state-level civil jury trial procedures and the novelty of the federal court system at the time, the precise meaning of "common law" in the American context remained uncertain.
The Supreme Court case Parsons v. Bedford in 1830 clarified that "common law" in the Seventh Amendment was based on English common law, just as the English legal system influenced the American system. Over a century later, Dimick v. Schiedt reaffirmed this interpretation, emphasizing that the Seventh Amendment's civil jury trial provision was derived from England's common law in 1791, the year the amendment was ratified.
How Judicial Interpretation Impacts the Constitution
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Speedy trial: The right to a speedy trial
The right to a speedy trial is guaranteed by the Sixth Amendment of the United States Constitution, which states that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial". This right is further supplemented by the Speedy Trial Act of 1974, which provides more specific guidelines and protections for defendants.
The Speedy Trial Clause of the Sixth Amendment protects defendants from undue delay between the presentation of the indictment and the beginning of the trial. This right was affirmed in the Supreme Court case of Barker v. Wingo in 1972, where the Court developed a four-part test to determine whether a defendant's right to a speedy trial has been violated. The four factors considered are the length of the delay, the reasons for the delay, the defendant's assertion of their right to a speedy trial, and the prejudice caused by the delay.
The Speedy Trial Act of 1974 was passed by Congress to further protect and clarify defendants' speedy trial rights. The Act sets specific time limits, directing that no more than 30 days pass between arrest and indictment, and no more than 70 days pass between indictment and trial. These stringent statutory provisions provide clear guidelines for ensuring a speedy trial.
In addition to federal legislation, all U.S. states have their own statutes or constitutional provisions detailing the right to a speedy trial. For example, in New York, the prosecution must be "ready for trial" within six months on all felonies except murder, or the charges are dismissed by action of law. This is known as the "ready rule".
The right to a speedy trial is a fundamental aspect of the criminal justice system, ensuring that defendants are not subjected to undue delays and protecting their right to a fair and timely trial. Both the Sixth Amendment and the Speedy Trial Act work together to safeguard this important right.
Expired Amendments: Understanding Our Evolving Constitution
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Impartial jury: The right to an impartial jury
The Sixth Amendment to the United States Constitution guarantees criminal defendants the right to a speedy and public trial by an impartial jury. This amendment was ratified in 1791 as part of the United States Bill of Rights. The impartial jury requirement dictates that jurors must be unbiased and must consist of a representative cross-section of the community.
The right to an impartial jury is rooted in the desire to preserve individual liberty in the face of a tyrannical government and the essential demands of fairness. The Supreme Court has applied all but one of the protections in this amendment to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment also requires that the jury be selected from the state and district in which the crime was committed.
The selection of a petit jury from a representative cross-section of the community is an essential component of the Sixth Amendment right to a jury trial. This requirement applies only to jury panels or venires from which petit juries are chosen, not to the composition of the petit juries themselves. To establish a violation of the fair-cross-section requirement, the defendant must show that the excluded group is distinctive in the community, that their representation in venires is not fair or reasonable relative to their number in the community, and that this underrepresentation is due to systematic exclusion in the jury selection process.
Prosecutors and defence attorneys use the pre-trial process of voir dire to determine if a potential juror can be fair and impartial during the trial. During voir dire, the attorneys and judge question jurors to identify any potential biases, prejudices, or conflicts of interest that may improperly impact case outcomes. If either party identifies potential biases, that juror may be eliminated "for cause". Peremptory challenges are also used to express arbitrary challenges to potential jurors without cause.
Amendments to the Constitution: A Historical Overview
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Right to counsel: The right to legal representation
The Sixth Amendment to the United States Constitution, ratified in 1791, guarantees criminal defendants the right to legal representation, or counsel. This right is one of eight protections afforded by the Sixth Amendment, which relates to criminal prosecutions.
The right to counsel implies the right to effective counsel, or an effective lawyer. In the case of Strickland v. Washington (1984), the Supreme Court established a two-prong test to determine whether a court-appointed attorney has provided effective counsel. This test considers whether the lawyer's performance was deficient under the circumstances and whether this affected the trial's outcome. If counsel fails this test, the remedy is a new trial.
The right to counsel applies in several contexts, including pretrial judicial proceedings, custodial interrogations, and lineups and other identification situations. In Brewer v. Williams (1977), the Supreme Court held that a defendant gains the right to an attorney "at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment". However, in United States v. Gouveia (1984), the Court clarified that an inmate suspected of committing a crime while in prison lacks the right to counsel while in administrative segregation prior to indictment, as this occurs before the "initiation of adversary judicial proceedings".
The right to counsel also includes the right to zealous advocacy from the attorney, although there are exceptions. For example, in United States v. Shaffer Equip. Co. (1993), the Court determined that when a client intends to commit perjury, the attorney is required to compel the client not to do so, even if it could benefit the client's outcome.
The Sixth Amendment's right to counsel has been applied to the states through the Due Process Clause of the Fourteenth Amendment.
The 10th Amendment: Power and Balance in the Constitution
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Frequently asked questions
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified on December 15, 1791, as part of the United States Bill of Rights.
The Sixth Amendment guarantees criminal defendants eight different rights, including the right to a speedy and public trial, the right to an impartial jury, the right to be informed of the nature and cause of the accusation, the right to confront witnesses, the right to obtain witnesses, and the right to legal representation.
The Seventh Amendment (Amendment VII) to the United States Constitution grants citizens the right to a jury trial in civil cases where the claim exceeds a certain dollar value. It was ratified on December 15, 1791, and prohibits judges in these trials from overruling facts revealed by the jury.
The Sixth Amendment applies to criminal prosecutions, while the Seventh Amendment applies to civil cases. The Sixth Amendment guarantees criminal defendants certain rights, such as the right to a speedy trial and an impartial jury, while the Seventh Amendment protects the right to a jury trial in civil cases.
The courts have interpreted the Sixth Amendment's guarantee of a speedy trial leniently, allowing for delays of several years in some cases. The Seventh Amendment has been interpreted as protecting the substantial details of the right to a jury trial in civil cases, with some departures from the traditional system authorized within reason.
