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The 6th amendment is generally thought of as the one guaranteeing a "fair trial", but actually it is a combination of the Fifth, Sixth and Fourteenth Amendments that fully guarantees it, because together they guarantee specific rights that are components of the trial process. The 5th amendment guarantees the right to be charged in an indictment, the right not to be tried twice for the same crime, the right not to be forced to incriminate one's self, nor be deprived of life, liberty or property without due process. It would be hardly "fair" for the government to have no witnesses but just put the defendant on the witness stand and force him to testify against himself. The 6th amendment is more to the point. It guarantees a right to speedy and public trial by an impartial jury, to be informed of the nature of the charges, to be confronted with the witnesses, to have compulsory process for getting witnesses and to have counsel. Note that there is no guarantee of a jury of 12 persons who are the peers of the defendant. Nor of unanimity of the verdict. The Fourteenth Amendment makes these amendments applicable to the states. The Bill of Rights ws originally applicable onlt to the federal government, not the states. But the vast majority of criminal trials are in state courts. The 6th amendment would be pretty hollow if it did not apply to the states.

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15y ago
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9y ago

Article lll, Amendments 4,5,6,8,10,11 of the constitution deal with the rights of any person accused of committing a crime. The defendant has the right to a speedy and public trial with a jury, representation by an attorney, to remain silent throughout the trial, to post bond, and to plead not guilty.

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11y ago

The Fifth, Sixth, and Eighth Amendments protect the rights of the accused directly.

The Fifth guarantees the right to a grand jury, prohibits double jeopardy (two prosecutions for the same offense), protects against self-incrimination (you don't have to testify against yourself), and guarantees due process of law.

The Sixth guarantees a speedy and public trial, trial by an impartial jury, confrontation of witnesses, and right to counsel (and a few other things not frequently cited).

The Eighth prohibits cruel and unusual punishments, and also excessive bail.

Additionally, two other Amendments apply to accused persons indirectly:

The Fourteenth Amendment applies the Bill of Rights to the States (for the most part).

The Fourth Amendment controls how the police may gather evidence.

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9y ago

It is the Sixth Amendment to the United States Constitution that guarantees citizens the right to a fair trial. It is part of the Bill of Rights.

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9y ago

The right to a fair trial is outlined in the Sixth Amendment to the United States Constitution. It includes things like the right to a speedy trial, and the right to an impartial jury.

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12y ago

The amendments themselves don't exactly spell out the "rights" of an accused.

They form the basis of subsequent rulings and findings upon which the rights of an accused are based.

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11y ago

The Constitution

More specifically the 6th Amendment

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13y ago

the sixth amendment

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Q: What amendment deals with the rights of an accused person?
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