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The Sixth Amendment guarantees criminal defendants nine different rights, including the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a ...
The Vicinage Clause is a provision in the Sixth Amendment to the United States Constitution regulating the vicinity from which a jury pool may be selected. The clause says that the accused shall be entitled to an "impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law". [1]
The Speedy Trial Clause of the Sixth Amendment to the United States Constitution provides, "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial...". [1] The Clause protects the defendant from delay between the presentation of the indictment or similar charging instrument and the beginning of trial.
Toggle Sixth Amendment subsection. ... 5.2.2 Racial discrimination in the jury pool and venire. ... Right to trial by jury; Criminal procedural rights;
Blakely v. Washington, 542 U.S. 296 (2004), held that, in the context of mandatory sentencing guidelines under state law, the Sixth Amendment right to a jury trial prohibited judges from enhancing criminal sentences based on facts other than those decided by the jury or admitted by the defendant.
It was a significant United States Supreme Court decision, which incorporated the Sixth Amendment right to a jury trial and applied it to the states. Ballard v. United States (1946), another precedent, concerned the exclusion of "an economic or racial group". [13] Ultimately, the line of cases come from Glasser v. United States (1942), [14 ...
As it was punishable by no more than two years, simple battery is a misdemeanor under Louisiana law and so he was not subject to trial by jury. Duncan was convicted and received a 60-day prison sentence and a fine of $150. He appealed on the grounds that the state had violated the Sixth and Fourteenth Amendments guaranteeing his right to a jury ...
The Sixth Amendment in the Bill of Rights states that in criminal prosecutions "...the accused shall enjoy the right to a speedy trial" In this case, a defendant was tried for trespassing and the initial jury could not reach a verdict. The prosecutor neither dismissed nor reinstated the case but used an unusual procedure to leave it open ...