Jeff Brown

The People's U. S. Constitution: Bill of Rights (Amendment VI)



Posted: Tuesday, November 25, 2008

by
Inner Projection

Amendment VI: Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.

This amendment was added to actually protect the right of criminal defendants to a fair trial. Article III's guarantee to a trial in criminal cases is here, but there's also the right to subpoena witnesses and to have a lawyer. This amendment is an attempt, once again, to protect the relatively powerless individual from the greatly powerful state.

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 defence .

Now the wording states criminal prosecutions. What of lesser crimes? If I get caught for going 10 miles an hour over the speed limit, do I get all the above rights? Unfortunately, no.

However, according to this clause, the defendant is promised a speedy trial . But what have you heard of getting trials to court and the "speed" in doing so? Well, unfortunately, there are exceptions. I know you are a little more aware of this than the average writer believes. I mean, you've heard of the delays, and, yes, if you look at the detail of law code there certainly are exceptions. And that's what we love about law, isn't it? Here you go, check this out. According to U.S. Code: Title 18, Chapter 208, 3161. Time limits and exclusions, section (h):

(h) The following periods of delay shall be excluded in computing the time within which an information or an indictment must be filed, or in computing the time within which the trial of any such offense must commence:

(1) Any period of delay resulting from other proceedings concerning the defendant, including but not limited to-

(A) delay resulting from any proceeding, including any examinations, to determine the mental competency or physical capacity of the defendant [ I've seen movies, this could take years, yes];

(B) delay resulting from any proceeding, including any examination of the defendant, pursuant to section 2902 [1] of title 28 , United States Code;

(C) delay resulting from deferral of prosecution pursuant to section 2902
Jeff is a Career, Life, & Mentor coach & CEO of  www.InnerProjection.com: working with students and parents using the proprietary Success, Design and Preparation system creating a plan to ensure his clients are of the 30% of college grads who don't waste 10 to 15 years or leave 100s of thousands of dollars on the table.

Prior to owning Inner Projection, Jeff worked as a computer programmer and in tech. support, but hated it enough to move from his home in Connecticut to do stand up comedy in Boston where he worked with such comics as Bill Burr, Dan Cook, and Billy Martin and wrote for people like Mz. Michigan who needed material for her ventriloquism act. He then moved to Los Angeles to do more stand up, but found being a coach & college instructor more rewarding. He's married with 3 children.
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