Sixth Amendment
Guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to counsel, the right to an impartial jury, and the right to know who their accusers are and the nature of the charges and evidence against him. It has been tested most visibly in a number of terrorism-related cases, but appears much more often in cases involving (for example) jury selection or witness protection, including victims of sexual crimes and witnesses. who need protection from retaliation.
Amendment VI
In all criminal proceedings, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district in which the crime was committed, which district must have been previously determined by law, and to be informed of the nature and cause of the accusation; being confronted with the witnesses against him; have a compulsory process to obtain witnesses in his favor, and have the assistance of a lawyer to defend him.
Rights under the Fourteenth Amendment
Provide due process of law in all actions, including criminal laws. Due process at its most basic level includes the right to be heard. In other words, the accused has the right to:
- A judgment
- Present evidence
- Question witnesses against you
- Testify if he or she chooses
- Make people go to court by issuing a summons, etc.
- Give equal protection to all citizens
Equal protection must be provided to all people. The Fourteenth Amendment requires governments to treat people equally. States cannot treat people differently because of a factor such as race, sex, or age. For example, a prison sentence for the same crime cannot be different solely because of a person's race.
Rights under the Fifth Amendment
The Fifth Amendment:
- Requires a pretrial hearing by a grand jury in felony cases.
- Prohibits a second trial for the same crime (double jeopardy).
- This means that a person who is acquitted of a crime after a trial cannot be prosecuted a second time.
- It protects suspects from having to answer questions that could be used against them.
- A suspect never has to talk about a crime if it will expose him to criminal prosecution.
- Ensures fair procedures when people are threatened by the government's loss of life, liberty, or property.
- Ensures compensation for people whose property is taken by the government.
Rights under the Fourth Amendment
The Fourth Amendment:
- Protects people from unreasonable police searches and seizures.
- Establishes the requirements for search warrants.
Rights under the Sixth Amendment
The Sixth Amendment guarantees an accused person the right:
- To a quick and public trial by an impartial jury.
- Be informed of the charges and evidence. So that they or their attorney are present when witnesses testify against them.
- Have a lawyer and call witnesses in the defense.
Rights under the Eighth Amendment
The Eighth Amendment:
- Requires judges to set reasonable and consistent bail.
- It forces judges to adapt the sentence to the crime.
- Prohibits cruel and unusual punishment by government actors.
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Vivian N. Szawarc
For all immigration legal services in your language.
Lawyer Vivian Szawarc, also an immigrant, was born in Argentina and emigrated to the United States of America at the age of 19. She has worked for the Los Angeles District Attorney's Office and has represented hundreds of clients of different nationalities.
Contact an Experienced Immigration Attorney Today
The Law Offices of Vivian N. Szawarc represents clients who have immigrated to the United States from all over the world, and our goal is to keep your life running smoothly for as long as you would like to remain in this country. Call us at 888-666-8820 or completed
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