The Sixth Amendment, Essay Example

The Sixth Amendment gives the accused the right to a speedy trial which is held for the public with an impartial jury of the State (Kilman& Costello, 2000). The defendants can be confronted by a witness who will testify against him or her, and he also has to have compulsory process of getting a witness who can testify in his or her favor. This right can, however be denied when it is relevant to do so.  There are times when cases are delayed, for example, there is an absent witness. There are different factors which can cause delays and these all depend on the varying circumstances of every case. Although, if there is a deliberate delay which is caused to gain favor for one side, there is possible prejudice or disadvantage that a defendant might suffer during that time.

This is for the defendant mostly, and one can invoke this right if circumstances allow. The Sixth Amendment is said to be there to protect defendants against oppressive incarceration as well as to minimize the anxiety (Kilman& Costello, 2000). A long delay for a trial might limit the defendant the ability to defend himself, it might result in a lost witness or even the blurring of the memory for available witnesses. However, there are times that the right to a speedy trial does not coincide directly with the best interests of the accused.

The defendant holds several rights along with this particular amendment which includes notice of accusation (Kilman& Costello, 2000). This means that he has the right to know everything regarding the nature and cause of accusations against him. He also has the right to be able to cross-examine or confront any witness against him. This is to prevent hearsay and to preserve accuracy within the court.

In the case of Barker v. Wingo, 407 U.S. 514 (1972), the right to a speedy trial was waved. There was a long delay in this trial, where the defendant was seen in court five years after being arrested. The reason for this was because the alleged accomplice of the accused was not made readily available for court to testify. Manning, the accomplice had more evidence against him, and to convict Wingo, he had to incriminate himself first. Because this was something one would not readily do, there were a few difficulties in getting Manning’s testimony against Barker. The right was waived because factors weighing out the length of the trial, the important reasons for delay, prejudice against the defendant as well as the conduct of the prosecution. The petitioner was not denied his right to a speedy trial because he wanted to have time for the jury to outweigh the considerations.

In the case of Strunk v. United States, 412 U.S. 434 (1973), only a year after the Barker case, the petitioner claimed that he was denied the right to a speedy trial. The trial experienced a ten month delay which was unusual but justified. It is shown on the record that the petitioner himself added a large portion for the reason for delay, and because of this, the delay had caused no prejudice against him in court. Although, the delay was also said to have been caused by understaffed prosecutors in court as well as overcrowded court dockets. After reviewing the defendant’s right to a speedy trial, it was found by the court that his rights were violated. It was found that no other remedy for this was appropriate and there was a dismissal or a reversal seen in the criminal case. This meant that further prosecution for the accused could not continue to take place. All the factors regarding the delay are weighed out, and it is determined if this worked against the defendant or the accused. If the reasons for the delay were justifiable, though still was reason to cause injustice in part of the defendant, the right to a speedy trial can be said to have been violated.

References

Barker v. Wingo, 407 U.S. 514 (1972).

Kilman, J. & Costello, G. eds. (2000). The Constitution Of The United States Of America: Analysis and Interpretation.

Strunk v. United States, 412 U.S. 434 (1973).