Page 239 - Beers With Our Founding Fathers

A Patriot’s view of the history and direction of our Country

Sixth Amendment

Rights Regarding Trials
Among the several rights afforded to the defendant, and which

also put the burden of proof to the government, those provided for
in the Sixth Amendment are specific to the purpose of assuring a fair

trial. The Fourth and Fifth Amendment Rights were for those events
in the criminal process leading up to the trial phase of determining a

person’s innocence or guilt. The rights in this amendment include:
Right to a speedy and public trial; Right to impartial jury of peers;

Right to be advised of charges; Right to confront witnesses and
compel testimony; and Right to assistance of counsel. We are

generally familiar with each of these through our personal and
family experiences, and even Hollyweird entertainment.

The grand jury has been previously explained. The jury system
in this and the Seventh Amendments refer to the ‘petite’ juries – the

lesser juries who were triers of fact. Juries pre-date the Magna
Carta and were a pool of twelve men who were actually witnesses.

They would be introduced to tell their stories and observations –
testify – about a criminal charge or claim. This was often for

political purposes, and could be at the behest of the crown or
nobility, or against. The jury could be heavily influenced. Over time,

the purpose of the jury evolved into the pool hearing the testimony
and then determining, amongst them, if there was any criminal guilt

or civil liability. The importance of this transformation is that juries

went from being tools of the parties to impartial triers of fact –
including judgment against the charging party if they felt the law
was unjust.

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