We have been covering the US Constitution line by line. When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies. We have finished the main body of the Constitution. Now we continue with the Amendments. You can find the last article on the main body of the Constitution here. It has links to all the others. The text comes from The US Constitution. Previous articles in the Amendment series:
Article I
Articles II and III
Article IV
Article V
Article [VI]
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.
The Sixth Amendment deals with defendants’ rights.
First we have the right to a speedy trial. But Bush and the GOP held defendants incommunicado for months with no trial and pushed for secret trials.
Next we have the right to a an impartial jury. Nevertheless prosecutors, especially in red states, frequently manage to empanel all white juries in areas that are predominantly African American.
We have the right to know with what and we are accused, a right regularly denied terrorism related defendants by Bush and the GOP.
We have the right to confront witnesses against us, usually, but not always upheld.
We have the right to obtain witnesses on our defense. Today, many cases hinge on highly specialized expert witnesses. Prosecutors can obtain them at will, but only very rich defendants can afford them. Public defenders typically operate on a small fraction of the budget provided for prosecution.
We have the right to counsel. There are some highly motivated and skillful defense attorneys doing pro bono work, but for the most part, public defenders are overworked and underpaid. Success as a prosecutor is the most stepping-stone to a successful political career, so prosecution attracts the best lawyers. As a result, the conviction rate for cases taken to trial is over 90%.
The Sixth Amendment has become so undermined that our criminal justice system is broken.
11 Responses to “Constitutional Amendments: Article VI”
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There is a saying among Toronto rounders that “Money talks, bullshit walks”
Money vs. your Constitution.
But the Constitution is not bullshit.
But those who have an obscene amount of money think they can outtalk the Sixth Amendment.
They seem to have become like money itself–an euphemism for a familiar substance.
Ivan, perhaps the better euphemism here is “The best government money can buy.”
This is truely the cornerstone of a government that protects individual freedom.
Public defenders (that stay in that position-without taking the first high paying private job) are people who really do care about the Constitution; and feel it is a duty to fill that position in order that the Constitution becomes a working set of rights for all peole, and not just high minded words.
Our criminal justice system’s focal point is innocent until proven guilty. Police forces train officers to do their job, in order to get a conviction. That meas proceedures that can pass the court systems rules of finding guilt.
Those that cry less rights for accused criminals, are anti Constitution. Those that protest public defenders doing their job, are anti Constitution. Those that say the ACLU is hurting America, are not supporters of America and its Constitution.
A patriotic American will shout to defend the rights of those who profess ideas, that you totally disagree with. Defend freedom of speech, even if you disagree with the words. Defend the accused. Defend the individual. Question authority. Check government against abuses and oppression.
Well said, Tom. The most self-serving thing we can do is to defend enemies when their rights are abued.
Yeah. How about posting the constitution in the public square instead of the Ten Commandments?
I went in depth on Naomi Wolf’s “The End of America” documentary on my blog if you are interested.
Love the insiders viewpoint, very good point here about the “realities” that so few of us understand. It is rigged, yet people still err terribly with a presumption that,
“If you have money you are good, so you should have more power. It is like a game to them but what it does to the people on the ‘bottom’ is awful. I have seen it from both sides.
What ever happened to, “he’s not heavy, he’s my brother?”
Now even babies and young children are “too heavy” to take care of.
Egregious man, egregious.
Jason, that’s a great idea.
I’ll check that out, because I have that in my Netflix queue.
I think that cash=right things comes from Calvinism.
You’re right.
I’m not trying to be difficult here but I think this administration has come out and said they have the right to kill anybody they deem as terrorist even if they are Americans. Straighten me out here. Wouldn’t they have these rights too. So it’s a continuation of the Bush policy?
Tim, there is a difference. Bush claimed executive privilege to hold individuals indefinately and even execute them without ever giving them access to a court or an attorney.
Obama’s policy applies only to American citizens only when they are actively engaged in terrorism in a foreign country.
again thanks for setting me straight on stuff
You’re most welcome, DC.