3.15 The Sixth Amendment

Sixth Amendment Protections

The Sixth Amendment states, “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 defense.” The Sixth Amendment guarantees several protections to a criminal defendant in court—namely, the right to a speedy trial, the right to a public trial, the right to a jury trial, the right to have his or her trial in the district where the crime took place, the right to be told what charges have been filed, the right to confront witnesses at trial, the right to compel witnesses to testify at trial, and the right to assistance of counsel. This amendment governs the federal court process, but because of the Fourteenth Amendment’s Due Process Clause, these rights also apply to defendants in state criminal cases.

At the same time, we must consider that the text of the Sixth Amendment does not include the many limitations that are imposed upon these rights in practice, nor does it specify the meaning of a “speedy” trial. In fact, a “speedy” trial time frame may be different from state to state and between state and federal court. Following the Speedy Trial Act of 1974, federal prosecutors essentially have 100 days to get to trial following the arrest of an individual on federal charges—30 days after the arrest to secure an indictment and then 70 days post-indictment to begin trial. (Interestingly, Congress has also passed legislation imposing a minimum time from arrest to trial—30 days—so that defendants have adequate time to prepare.) The 100-day window imposed by the Speedy Trial Act, however, does not account for delays that are imposed by the defendant. (See more conditions by reading up on Barker v. Wingo, linked below.)

The Speedy Trial Act does not apply to cases filed in state courts. However, many states do have regulations for speedy trials. In Louisiana, individuals who are charged with a felony criminal offense must be brought to trial within 180 days of their arrest; moreover, if the defendant is held in pre-trial custody, the speedy trial clock is shortened to only 120 days. Of course, the vast majority of cases in both state and federal court are dealt with through plea bargaining, and thus never get to trial. (More details about the right to a speedy trial in Louisiana can be found in the Louisiana Laws Code of Criminal Procedure Article 701.)