“I Think I’m Gonna Need a Lawyer!”

 

 

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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 to the Constitution, much like the Fifth, revolves around the actual proceedings within the judicial system and court room. It guarantees the right to a speedy and public trial in order to avoid being tied up in logistical issues for years, which still does happen, the right to be tried where the crime took place, be confronted by those accusing the defendant of the crime, to defendant to obtain their own witnesses, and to have a lawyer either hired or provided for the defendant. The Sixth Amendment desires to protect the individual against the system of justice, but only so much as they are not crushed by the weight of their situation and can still be properly tried equally under the law. This amendment, much like the Fifth has strong ties to the Fourteenth Amendment, specifically the Due Process Clause.

Is this amendment enough to protect the interests of the accused when standing trial? Are there exceptions to the rules: should witnesses have to present themselves in person to the accused, even if it threatens their safety, should some people be given counsel and others not, is it necessary for every case?

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One landmark Supreme Court Case that dealt with the Sixth Amendment was Gideon v. Wainwright. Taken place in 1963 in the state of Florida, Clarence Earl Gideon was charged in Florida with a felony, specifically with entering an establishment with intent to commit a misdemeanor. Gideon appeared in court without his own lawyer and thus asked the court to provide one for him, however, the court did not comply. The reason why the court did not grant Gideon a lawyer was that since he was not classified as an indigent and he did not commit a capital crime the court did not have to supply him with counsel. Gideon ended up representing himself in court and was convicted and sentenced to five years in prison. Gideon attempted to overturn his conviction and filed a habeas corpus petition in Florida Supreme Court, but the court held true to the previous ruling.

Gideon’s case posed the question of “does the Sixth Amendment’s guaranteed right to counsel in criminal cases extend to felony defendants in state courts?” In a unanimous decision, the Supreme Court decided in favor of Gideon. The Supreme Court stated that any and all accused have the rights guaranteed by the Sixth Amendment because the founding fathers valued the ability of defendants to have proper defense. They also held that every court must appoint a lawyer to a defendant if they cannot provide one themselves. They also discussed the rights of states to develop their own laws and constitutions, but clarified that they cannot pick and choose which federal laws to follow or manipulate, they must follow federal law above all else.

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Again here, the Supreme Court overturned a state supreme court decision, and for good reason. Here, Florida state law did violate the Sixth Amendment. Everyone has the right to their own fair and just trial and due process under the law. It is important to maintain a level of impartiality and equality when dealing with or being subject to the law, but have we achieved that goal in our own system?

 

 

https://constitutioncenter.org/interactive-constitution/amendments/amendment-vi

 

https://www.oyez.org/cases/1962/155

One thought on ““I Think I’m Gonna Need a Lawyer!”

  1. I haven’t seen your passion blog until now but I really like the style of it, putting amendments into historical context and analyzing how effective we meet the standards they are supposed to set. This was an interesting case to bring up because it shows both the power of the Supreme Court and the need for people to understand their rights as American citizens. We all must be informed about the specific rights that the Constitution grants us when it comes to situations like Gideon in order to defend ourselves. I would have liked to see more analysis of the amendment and perhaps an additional example of the 6th Amendment’s application, perhaps in modern times. Overall though, this post demonstrates the need for us to be informed citizens, not just about what the government is doing but what we are entitled to under the Constitution.

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