Sixth Amendment to the United States Constitution facts for kids

The Bill of Rights, which includes the Sixth Amendment, is kept at the National Archives.

The Sixth Amendment (also called Amendment VI) is a very important part of the United States Constitution. It was created on December 15, 1791, and is part of the United States Bill of Rights. This amendment gives many important protections and rights to people who are accused of breaking a law.

Some of the key rights it provides include:

• The right to have a lawyer help you.
• The right to a quick and public trial.
• The right to have a fair and unbiased jury.
• The right to know who is accusing you of a crime.
• The right to know what charges are against you and what evidence the government has.

These rights help make sure that everyone gets a fair chance when they are accused of something.

What the Sixth Amendment Says

The Sixth Amendment makes sure that when someone is accused of a crime, they get a fair chance to defend themselves. It says that trials should be quick and open to the public. It also ensures that the jury is fair and from the area where the alleged crime happened. People have the right to know what they are accused of and to face the people who are testifying against them. They can also call their own witnesses to speak for them and have a lawyer to help them.

Important Rights for Accused People

The Right to a Lawyer

Having a legal counsel is one of the most important rights. It's so important that if someone cannot afford a lawyer, the government will provide one for them. This happens in federal, state, and local court systems.

• Why a lawyer helps: Lawyers guide people through the legal process, which can be very complicated. They explain your Constitutional rights and help you understand what is happening.
• What lawyers do: They can help when police ask questions, during the trial, at sentencing, and if there's an initial appeal after a conviction. Lawyers can also talk with the prosecution and the court about plea bargains, which are agreements to resolve a case without a full trial.

The Right to a Speedy Trial

The idea of a speedy trial has been around for a very long time, even since 1166 in England. The people who wrote the Bill of Rights wanted to make sure that people accused of crimes were not kept in jail for a long time without getting a trial. They believed that everyone is innocent until proven guilty.

• Why it's important: A quick trial helps prevent a person's life from being unfairly interrupted. It also helps make sure that evidence isn't lost and that witnesses don't forget important details or disappear.
• When it starts: The right to a speedy trial usually begins once a person has been arrested or officially charged with a crime. The government can investigate a crime for as long as needed before charging someone.
• Delays: If a trial is delayed too much, a court will look at why it was delayed and if the delay harmed the person accused. If the delay is too long (often more than a year after arrest), it might mean the Sixth Amendment right was violated.

The Right to a Public Trial

The right to have a public trial comes from old English common law. People back then were suspicious of secret court proceedings, like those used in the Spanish Inquisition.

• Why it's important: The people who created the Bill of Rights believed that public trials would help prevent corruption among judges and prosecutors. It was also thought that it might make witnesses more honest.
• Open to everyone: The U.S. Supreme Court has said that this right applies to all levels of government. This means trials should generally be open for the public and the press to watch.
• When it can be limited: While trials are usually public, sometimes access can be limited if too much publicity might harm the accused person's case.

The Right to an Impartial Jury

The right to have a jury depends on how serious the alleged crime is. Small offenses, like those punishable by less than six months in jail, usually don't require a jury. Also, in the United States, young people (minors) are often tried in a juvenile court for less serious crimes, which means they might not have a jury trial but also get a less severe sentence.

• What a jury is: A jury is a group of people from the community who listen to the evidence and decide if the accused person is guilty or not guilty.
• Jury size: Historically, juries had twelve people. However, the Supreme Court has decided that a jury of six people is enough for a fair trial.
• Unanimous decisions: In federal courts, all jury members must agree on the verdict (unanimous). In state courts, however, not all jury members have to agree, though many states still require it.

The Right to Confront Witnesses

The Sixth Amendment gives the person accused the right to face the people who are testifying against them. This is called the "confrontational clause."

• Why it's important: This right allows the defense to question the witnesses who are speaking for the prosecution. It also lets the jury see how the witness acts, which helps them decide if the witness is being honest.
• Limits: A court can stop repeated questions or harassment of a witness. But if a judge limits the questioning too much, it could violate the accused person's right to face their accusers.
• Out-of-court statements: Sometimes, statements made outside of court (called hearsay evidence) might prevent someone from facing their accusers. There are some exceptions, like if a witness isn't available but testified and was questioned in a previous court proceeding.
• Calling your own witnesses: This amendment also allows the accused person to bring in their own witnesses to speak in their favor.

See also

In Spanish: Sexta Enmienda a la Constitución de los Estados Unidos para niños