Sixth Amendment to the United States Constitution

Created on December 15, 1791, the **Sixth Amendment** (**Amendment VI**) to the United States Constitution is a part of the United States Bill of Rights. It provides many s and rights to those  of a crime. Among the provisions are the right to a lawyer, the right to a speedy public trial and the right to an impartial jury. It gives defendants the right to know who his (or her) rs are. All those who cannot afford to pay for legal assistance will have a lawyer appointed for them at government expense. An attorney advises his client, the defendant, as to his or her rights and explains all processes of the criminal proceedings. Those who wrote the Bill of Rights did not want defendants to be prisoners for a long time without the benefit of a trial. They did not want the accused to have their life ed, especially when the Fifth and Sixth Amendments both hold a presumption of innocence. Also, the longer a trial is delayed, the more likely that evidence may be lost and that witnesses may  or cannot be found.  The government may investigate a crime (within any applicable statute of limitations) for as long as they find it is necessary. They are under no  to bring an indictment within a certain period of time. The prosecution may drop any pending criminal charges and open the investigation again at a later time without penalty of the Sixth Amendment. 
If a defendant brings a claim that their speedy trial rights have been violated the court may look at the reasons for the delay, any prejudice or injury to the defendant and how far the prosecution has gone into the criminal proceedings. If a defendant does not assert the right to a speedy trial early enough, they may lose their claim. Defendants who cause unnecessary delays also lose their rights to a speedy trial claim. 
If the delay in bringing a defendant to trial exceeds one year following the arrest, this will trigger a presumption that the Sixth Amendment right to a speedy trial may have been violated. The government may counter if they have good or plausible reasons for the delay. Requests by the prosecution for additional time may be granted if plausible. But if none are offered or the court finds the reasons not plausible, they may dismiss the indictment, overturn a conviction or hear other remedies the defense might seek.  The framers of the Bill of Rights believed that public trials would help prevent corruption in judges and prosecutors. It was also thought it might reduce witnesses committing perjury. The right is not  however. While the public and the press have a First Amendment interest in open proceedings, under some circumstances a defendant waive his rights to a public trial. Even where multiple petty offenses are concerned, the total time of imprisonment possibly exceeding six months, the right to a jury trial does not exist. Also, in the United States, except for serious offenses (such as murder), minors are usually tried in a juvenile court, which lessens the sentence allowed, but forfeits the right to a jury.

Originally, the Supreme Court held that the Sixth Amendment right to a jury trial indicated a right to “a trial by jury as understood and applied at common law. This includes all the essential elements as they were recognized in this country and England when the Constitution was adopted. Therefore, it was held that juries had to be composed of twelve persons and that verdicts had to be , as was customary in England. 

When, under the Fourteenth Amendment, the Supreme Court extended the right to a trial by jury to defendants in state courts, it re-examined some of the standards. It has been held that twelve came to be the number of jurors by "historical accident," and that a jury of six would be sufficient, but anything less would deprive the defendant of a right to trial by jury. The Sixth Amendment requires  in a federal jury trial. However, the Supreme Court has ruled that the Due Process Clause of the Fourteenth Amendment, while requiring states to provide jury trials for serious crimes, does not incorporate all the elements of a jury trial within the meaning of the Sixth Amendment. Thus, states are not mandated to require jury unanimity.

### Confront witnesses 
The Sixth Amendment's confrontational clause grants the defendant the right to face their rs. It allows the defense to  the testimony given by prosecution witnesses. It also allows the jury the opportunity to decide if a witness is being  in any way. There are some exceptions. For example, if a witness is unavailable and testified against the defendant in previous judicial proceedings, and the defendant was able to cross-examine the witness, a transcript of the testimony may be used as evidence.

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