Right to a Fair Trial
Chapter 20.3
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th
The 6 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 where in 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”
Speedy Trial
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The guarantee of a speedy trial is meant to ensure
that the government will try a person accused of a
crime without undue delay
U.S. Supreme Court laid down a four-part ad hoc
balancing test for determining whether the
defendant's speedy trial right had been violated
Established by Barker v.Wingo (1972)
1.
2.
3.
4.
Length of Delay: A delay of a year or more from the date
on which the speedy trial right "attaches" (the date of arrest
or indictment, whichever first occurs) was termed
"presumptively prejudicial", but the Court has never
explicitly ruled that any absolute time limit applies.
Reason for the delay: The prosecution may not
excessively delay the trial for its own advantage, but a trial
may be delayed to secure the presence of an absent witness
or other practical considerations.
Time and manner in which the defendant has asserted
his right: If a defendant agrees to the delay when it works to
his own benefit, he cannot later claim that he has been
unduly delayed.
Degree of prejudice to the defendant which the delay has
caused.
Strunk v. United States
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In Strunk v United States (1973), the Supreme Court
ruled that if the reviewing court finds that a defendant's
right to a speedy trial was violated, then the indictment
must be dismissed and/or the conviction overturned.
A reversal or dismissal of a criminal case on speedy trial
grounds means that no further prosecution for the
alleged offense can take place.
The Speedy Trial Act of 1974
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The Speedy Trial Act states that the time between a
person’s arrest and the beginning of his or her federal
criminal trial cannot be more than 100 days.
Exceptions:
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when the defendant must undergo extensive mental tests, or
when the defendant or a key witness is ill
Public Trial
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Trial must also be public. So sayeth the 6th and 14th
amendment.
Judge can limit who is in a courtroom
He can order the courtroom cleared if they are
disruptive
All this must happen within reason
The Media
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On one hand, a courtroom is a public place where
the media have a right to be present. On the other
hand, media coverage must not damage the right to
a fair trial.
The Supreme Court has often held that the media
have only the same right as the general public to be
present in the courtroom.
Estes v. Texas (1965)
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Radio and television reporting of Estes’ case had been
allowed from within the courtroom and over the
objections of Estes himself.
The Court held that this reporting had been so disruptive
that it had denied Estes a fair trial.
Chandler v. Florida (1981)
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The Supreme Court held televising is not prohibited as
long as steps are taken to avoid too much publicity and to
protect the defendant’s rights.
Trial by Jury
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The 6th Amendment also says that a person accused of a
federal crime must be tried “by an impartial jury”.
This guarantee is also binding on the States through the
14th Amendment’s Due Process Clause, but only in cases
involving “serious” crimes, as stated in Duncan v. Louisiana
(1968).
In federal practice, the jury that hears a criminal case can
convict the accused only by an unanimous vote. Most
states follow the same rule. Oregon requires 10 out of
12.
Waive – bench trial
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The defendant may also waive (put aside or
relinquish) the right to a jury trial If he or she is fully
aware of his or her rights and understands what that
action means.
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If a defendant waives the right, a bench trial is held. That
is, a judge alone hears the case (of course, a defendant
can plead guilty and so avoid a trail of any kind).
Georgia v. McCollum (1992)
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The 5th and 14th Amendments meant that jury service
cannot be determined by “the pigmentation of skin, the
accident of birth, or the choice of religion”.
In short, no person can be kept off a jury on such
grounds as race, gender, color, religion, or national origin.
Right to an Adequate Defense
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Every person accused of a crime has the right to
the best possible defense that circumstances will
allow. The 6th Amendment says that a defendant has
the right..
1.
2.
3.
4.
“to be informed of the nature and cause of the accusation”
“to be confronted with the witness against him” and
questions them in open court.
“to have compulsory process for obtaining witness in his
favor”
“to have the Assistance of Counsel for his defense”