Sixth Amendment
Essay by review • January 23, 2011 • Essay • 335 Words (2 Pages) • 1,435 Views
The sixth amendment is that in all "criminal prosecutions, the accused have the right to a speedy and public trial by an impartial jury of the state and district wherein the crime that have been committed, which district would 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 defense."
The sixth amendment also covers the guarantee of "adequate notice." This means that the sixth amendment, "which is applicable to the states through the Due Process Clause of the Fourteenth Amendment, guarantees a criminal defendant a fundamental right to be clearly informed of the nature and cause of the charges against him. In order to determine whether a defendant has received constitutionally adequate notice, the court looks first to the information. The principal purpose of the information is to provide the defendant with a description of the charges against him in sufficient detail to enable him to prepare his defense."
The accused also has "a fundamental right to be clearly informed of the nature and cause of the charges in order to permit adequate preparation of a defense. Due process entitles an accused to know the charges against which he must defend in order to have a reasonable opportunity to prrepare and present a defense and not be taken by surprise at trial."
The Sixth Amendment, is also "applicable to the states through the Due Process Clause of the Fourteenth Amendment and guarantees a criminal defendant a fundamental right to be clearly informed of the nature and cause of the charges against him. In order to determine whether a defendant has received constitutionally adequate notice, the court looks first to the information. The principal purpose of the information is to provide the defendant with a description of the charges against him in sufficient detail to enable him to prepare his defense."
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