The Sixth Amendment
Criminal trials and the right to a lawyer
Guarantees people accused of crimes a fair trial: a speedy and public one, a jury, notice of the charges, witnesses, and a lawyer.
Ratified 1791 · 3 minute read
Published by Quasi-Legal Institute · Report an error
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.
In plain language
Speedy and public
A trial cannot be dragged out indefinitely, and it generally must be open to the public. Courts weigh the length of the delay, the reason for it, whether the defendant asked for a faster trial, and whether the delay hurt the defense (Barker v. Wingo, 1972).
Only in criminal cases
The Sixth Amendment applies to “criminal prosecutions,” meaning cases where the government charges someone with a crime. It does not apply to civil lawsuits, which are covered by the Seventh Amendment, or to most administrative or school discipline proceedings.
The jury right applies to serious offenses, generally those punishable by more than six months in prison. For a lesser offense, a judge may decide the case alone. Beginning with Duncan v. Louisiana (1968), the Supreme Court has applied most of these protections to the states through the Fourteenth Amendment.
The right to a lawyer
Before Gideon, a person charged with a felony in many states had to defend themselves if they could not pay for a lawyer. Clarence Earl Gideon was convicted of breaking into a pool hall in Florida after being denied counsel; he wrote his appeal by hand from prison. The Supreme Court unanimously held that a fair trial requires a lawyer. In Argersinger v. Hamlin (1972), the Court extended the right to any case in which a person is actually sentenced to jail.
The right means a competent lawyer, not just any lawyer. Under Strickland, someone challenging their lawyer’s work must show both that the performance fell below a reasonable standard and that it likely changed the outcome.
What it means for young people
Juvenile court is not a criminal court in the usual sense, but the Supreme Court has held that a young person facing the possibility of confinement is entitled to key protections. In In re Gault (1967), the Court held that a juvenile has the right to notice of the charges, a lawyer, and the chance to confront and cross-examine witnesses.
Not every adult protection carries over. In McKeiver v. Pennsylvania (1971), the Court held that the Constitution does not guarantee a jury trial in juvenile delinquency proceedings. And because a suspension or detention at school is not a criminal prosecution, the Sixth Amendment does not apply to it; the Fourteenth Amendment’s due process protections do.