What rights does the Sixth Amendment protect?

The Sixth Amendment protects the rights to a fair trial, to assistance of counsel, and to confront the witnesses against the accused, along with several related criminal procedural rights. Ratified on December 15, 1791, the amendment guarantees a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, notice of the accusation, confrontation of witnesses, compulsory process for obtaining witnesses in favor of the defense, and the assistance of counsel for the defense.

The fair trial concept blends several of these guarantees. A speedy trial under the federal Speedy Trial Act of 1974 generally requires trial within seventy days of indictment, with extensions allowed for the defense, court continuances, and certain pretrial motions. Barker v. Wingo (1972) provides the four factor balancing test that examines length of delay, reason for delay, defendant assertion of the right, and prejudice. A public trial under In re Oliver (1948) bars secret proceedings, supporting the principle that justice must be seen to be done. An impartial jury under Taylor v. Louisiana (1975) requires a fair cross-section of the community in the jury pool, and Batson v. Kentucky (1986) bars race-based peremptory challenges.

The right to counsel transformed American criminal justice. Powell v. Alabama (1932) recognized the right in capital cases, Johnson v. Zerbst (1938) extended it to federal felonies, and Gideon v. Wainwright (1963) made appointed counsel mandatory in state felony cases. Argersinger v. Hamlin (1972) extended the right to misdemeanors involving jail time, and Strickland v. Washington (1984) requires that counsel be effective, judged by reasonable professional norms and prejudice to the defendant. The Public Defender Service in the District of Columbia and the federal public defender system, along with state public defender offices, provide free counsel to those who cannot afford private attorneys.

Confrontation under the Sixth Amendment means more than seeing the witness. Crawford v. Washington (2004) generally bars admission of testimonial statements made out of court unless the witness is unavailable and the defendant had a prior opportunity for cross-examination. Defendants may also subpoena witnesses through compulsory process under Washington v. Texas (1967). The notice clause requires indictments to specify the charge so the defense can prepare.

Together these protections form the core of due process in criminal cases. Naturalization candidates should remember that someone arrested in the United States receives notice of the charges, an attorney even if they cannot pay, and a public trial before an impartial jury at which they may face their accusers.