Speedy and Public Trial
Set 1
Mira and Audra
Why is this right important in a democratic society?
Guarantees fundamental rights to criminal defendants
All essential elements of the process and protect against arbitrary government action, upholding the principle of "innocent until proven guilty."
It gives criminals a fair trial by providing the right to a speedy and public trial by an impartial jury, the right to confront witnesses, and the right to a legal counsel
How has this right been interpreted by the courts over time?
Not guaranteeing a specific time limit for a trial; defendant must express their right to a speedy and public trial
Richmond Newspapers v. Virginia (1980): Affirmed the public's right to attend criminal trials
The "public trial" aspect is generally interpreted to mean that the public has a right to attend criminal trials, but exceptions may exist for sensitive information or to protect witnesses.
What specific language in the amendment protects this right?
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial"
This phrase clearly states that a person accused of a crime has the right to a trial that is both "speedy" (occurring without undue delay) and "public" (open to the public).
What is the historical context in which this right was added to the Constitution?
To address concerns about unfair practices in criminal trials during the colonial period
Lack of access to legal counsel
Potential of biased jurys
Has this right ever been challenged or limited?
Yes
Ex. People have the right to have an attorney, however, having the right to choose a particular attorney is not absolute.
A court may deny a defendant's choice of attorney if there is a serious conflict of interest or other concerns about the attorney's ability to effectively represent the defendant
What groups of people have benefited the most from this right?
Immigrants/Non-Citizens
Racial and Ethnic Minorities
Criminals/ juveniles
People who have low income
How does this right impact the daily lives of Americans?
Guaranteeing fundamental protections for anyone accused of a crime
Right to have their witnesses appear in their trial
Right to confront and call witnesses during their trials
Right to have a lawyer
Right to have a timely trial
What are some landmark cases related to this right?
Coy v. Iowa
Coy argued against this and The Supreme Court ruled that the screen violated Coy's right to confront the witnesses face-to-face
Court allowed the 2 girls to testify behind a screen so they would not have to see Coy
John Coy was tried for sexually assaulting two 13-year-old girls in Iowa.
Gideon v. Wainwright
The Court stated that the assistance of counsel is necessary to protect fundamental human rights of life and liberty
Appeared in Court without an attorney
Clarence Gideon was charged with breaking and entering with the intent to commit a misdemeanor in Florida
States must provide a lawyer for defendants who cannot afford one
