6th Amendment Quiz
Terms in this set (10)
courts have to give defendants a quick trial or if the defendant needs more time then its allowed
Public (Public Trial)
when trial is available to the public, not always available if it causes danger to the defendant or plaintiff
ii. Defendants are protected from secret proceedings that might encourage abuse of the justice system, and the public is kept informed about how the criminal justice system works
1. A criminal defendant may voluntarily give up (waive) his/her right to a public proceeding or the judge may limit public access in certain circumstances.
2. Sometimes this is in conflict with the First Amendment's Freedom of the Press clause (Balancing Test)
when is a public trial closed?
Usually, judges only close a courtroom when there would otherwise be a substantial risk of danger either to particular people or the public at large. The following are appropriate reasons for closing a courtroom
1. There must be a substantial probability that the defendant cannot get a fair trial without closing the trial
2. Reasonable alternatives to closing the trial must be considered.
smaller jury than normal, decides on the case
independent people from the surrounding community who are willing to decide the case based only on the evidence
1. Jury members may be picked from another location in order to ensure that the jurors are impartial.
v. Juries are usually made up of 12 people, can vary by state
normally of twenty-three jurors, selected to examine the validity of an accusation before trial.
2 types of attorney objections to potential jurors
when choosing a jury, both prosectors and defense attorneys may object to certain people being included. Some of these objections,
1. challenges: are for cause
2. Peremptory: no real reason need to be given, but one side does not want to have that person serve
what are the rights (clauses) covered in the 6th amendment
guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you. It has been most visibly tested in a series of cases involving terrorism, but much more often figures in cases that involve (for example) jury selection or the protection of witnesses, including victims of sex crimes as well as witnesses in need of protection from retaliation.
meaning of flight risk
a person thought likely to leave the country before a trial or bail hearing.
in all criminal prosecutions, the accused shall enjoy the right...to be confronted with the witnesses against him.
prevents prosecutors from relying on witness' out-of-court statements to make their case
a writ ordering a person to attend a court. Compulsory process for defendants