United States Constitution: Amendments 6, 7 & 8

THE 6TH AMENDMENT

• The Right to a Speedy Trial
  • Barker v Wingo (1972) set down general factors to be examined whether the right to a speedy trial had been followed:
    1. What was the length of delay?
    2. What was the Prosecution's reason for the delay?
    3. Did the Defendant claim the right to a speedy trial?
    4. Did the delay cause the Defendant any harm?
  • The Speedy Trial Act of 1974 set a limit of 100 days after an arrest to bring the Defendant to trial.
  • Does not apply to the sentencing process.
• The Right to a Public Trial
  • Sheppard v Maxwell (1966): Pretrial publicity can deny the accused a fair trial.
    • Measures to be taken to ensure an impartial jury.
      • Change of location, or
      • Isolate the jury from the public and the media.
• The Right to an Impartial and Local Jury
  • Impartial means no juror can be chosen who has prejudiced the Defendant.
  • A Jury trial is required for any offense with at least a six-month punishment.
  • A Federal Jury must be twelve persons and deliver a unanimous verdict.
  • A State Jury must have at least six persons and a unanimous verdict is not required for noncapital cases (death penalty).
  • African-Americans and women cannot be excluded.
  • The Jury must be local unless the Defendant waives that right.
• The Right to Know the Charges
  • Time and place must be included in the Charges.
• The Right to Confront the Witnesses
  • Generally the confrontation must be face-to-face.
    • Melendez-Diaz v Massachusetts (2009): The accused must be allowed to confront and cross-examine scientific experts. 
    • Maryland v Craig (1990): An exception can be made for a child witness; a one-way closed-circuit television testimony was allowed.
  • Generally hearsay testimony in a trial cannot be used.
    • Michigan v Bryant (2011): A dying declaration could be allowed.
• The Right to Compulsory Process
  • A Defendant can force a witness to appear in court.
  • United States v Nixon (1974): Executive Privilege does allow the President to withhold evidence in a criminal trial.
• The Right to Counsel
  • Powell v Alabama (1932): Anyone accused of a capital crime in a State were entitled to an attorney even if they can't afford one.
  • Johnson v Zerbst (1938): Anyone accused of a Federal felony were entitled to an attorney even if they can't afford one.
  • Gideon v Wainwright (1962): The right to counsel was extended to the accused in all State to criminal cases even if they could not afford one.
  • Escobedo v Illinois (1964): A defendant has the right to counsel during police questioning.
  • Argersinger v Hamlin (1972): The right to counsel was extended to misdemeanors if the defendant faced jail time if convicted even if they could not afford one.
  • Indiana v Edwards (2008): A judge can deny a mentally ill defendant the right to represent themself.
  • Turner v Rogers (2011): In a civil contempt case, the defendant does not have the right to counsel.
  • Luis v United States (2016): A defendant's noncriminal assets cannot be seized before a trial if it denies the accused the counsel fo their choice.

Criminal Trials

• The Accused (1988)
• Anatomy of a Murder (1959)
• Inherit the Wind (1960)
• Marshall (2017)
• To Kill a Mockingbird (1962)

Civil Trials

• A Civil Action (1998)
• Deep Waters (2019)
• Erin Brockovich (2000)
• Kramer vs Kramer (1979)
• The Verdict (1982)

Military Courts-marital

• Breaker Morant (1980)
• The Caine Mutiny (1954)
• The Court-Martial of Billy Mitchell (1955)
• Paths of Glory (1957)

Mistrials (Or Trials with Reasons for Mistrial)

• ...And Justice For All (1979)
• The Runaway Jury (2003)
• Suspect (1987)
• The Trial of the Chicago Seven (2020)

International Trials

• Judgment at Nuremberg (1961)
• The Trial of Adolf Eichmann (1997)

THE 7TH AMENDMENT

In federal lawsuits for over $20.00, people have the right to a trial by jury...

• The Supreme Court has never ruled that this right applies to the States, only to Federal civil cases.
• Colgrave v Battin (1973): Supreme Court upheld six-person juries in civil cases.
• Unanimous verdict by the jury is required unless the parties agree otherwise.

Once a jury decides on the facts of the case, a judge can not overrule that jury except where the law provides.

THE 8TH AMENDMENT

Three Rights of the Accused

Excessive bail not allowed

• Does not apply to the States, only to Federal cases.
• The court may release someone on their word that they will show up in court.
• United States v Salerno (1987): Bail can be denied if the court thinks the defendant is a risk to the community.

Excessive fines not allowed

• Does not apply to the States, only to Federal cases.
• Browning-Ferris Industries v Kelso Disposal, Inc. (1989) Applies only where the Government is directly involved.

Cruel and unusual punishment not allowed

• Robinson v California (1962): This section of the 8th Amendment now applied to the States. 

Death Penalty

• Furman v Georgia (1976): Cruel and unusual punishment due to the process and way that it was imposed.
• Gregg v Georgia (1976): Death penalty constitutional if guidance to the judge and the jury was provided.
• Woodson v North Carolina (1976): Mandatory death penalty unconstitutional.
• Tison v Arizona (1987): If the accused was a major participant though they did not commit the murder, the death penalty could be imposed.

Other Conditions

• Trop v Dulles (1958): Loss of citizenship.
• Estelle v Gamble (1976): Inhumane prison conditions.
• Graham v Florida (2010): Life without parole prohibited for anyone under the age of 18 convicted of a non-homicidal offense.

Exceptions to the Death Penalty

• Coker v Georgia (1977) & Kennedy v Louisiana (2008): The death penalty cannot be imposed for a crime other than murder.
• Edmund v Florida (1982): The death penalty cannot be imposed upon the accused if they were only a minor participant in the crime.
• Ford v Wainwright (1986): The insane.
• Atkins v Virginia (2002): Mentally disabled prohibited.
• Roper v Simmons (2005): Accused under the age of 18.

Victims' Rights

• Payne v Tennessee (1991): A victim's impact statement can be heard by the jury.