Bill of Rights · 6th Amendment
Sixth Amendment
Ratified December 15, 1791
Verbatim
Exact text as ratified.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall 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 defence.
Plain English
A translation that drops archaic words but keeps the meaning, including the parts courts still argue about.
If you are charged with a crime, you have the right to:
- A speedy and public trial in the state and district where the crime happened
- An impartial jury that has not been prejudiced against you
- A clear explanation of what you are being charged with
- The chance to confront and question witnesses who are testifying against you
- The power to call your own witnesses, including forcing reluctant witnesses to appear
- The help of a lawyer for your defense
What this means for you
You have the right to a lawyer, and if you cannot afford one, the government must provide one. This comes from the Sixth Amendment combined with the Gideon v. Wainwright (1963) ruling. If you are arrested for a crime serious enough that you could be jailed, ask for a lawyer immediately. The standard phrase is: "I am exercising my right to remain silent and I want a lawyer." Once you say this, questioning must stop.
A public defender is a real lawyer. If you cannot afford private counsel, the court will appoint one. Public defenders are licensed attorneys who specialize in criminal defense. Many are highly experienced. They are usually overworked, which means you may not get as much one-on-one time as you would with a private attorney, but they are real lawyers with real obligations to defend you.
"Speedy" has a flexible meaning. Federal law sets specific time limits (the Speedy Trial Act gives 70 days from indictment to trial in most cases), and states have their own rules. In practice, "speedy" can still mean months or longer. If you feel your case is being delayed unfairly, your lawyer can file a motion.
You have the right to confront witnesses against you. This means the prosecution generally cannot rely on written statements from people who do not testify in court. Your lawyer must have the chance to cross-examine them. There are exceptions, for example for child victims in some cases, but the default rule is face-to-face confrontation.
About
The Sixth Amendment was ratified in 1791. Like the others in the Bill of Rights, it originally restricted only the federal government and was extended to the states through the Fourteenth Amendment.
The right to a lawyer was significantly expanded by Gideon v. Wainwright (1963), which ruled that states must provide a free lawyer to anyone charged with a serious crime who cannot afford one. Before Gideon, this right applied mainly in federal court and in capital cases. Today it applies in any state criminal case where jail time is possible.
The right to confront witnesses comes from the Confrontation Clause and was strengthened by Crawford v. Washington (2004), which sharply limited the use of out-of-court statements by absent witnesses. The right to a jury was extended to all serious state criminal cases by Duncan v. Louisiana (1968).
"Speedy" is one of the most flexible words in the Constitution. Courts use a four-factor test from Barker v. Wingo (1972) — length of delay, reason for delay, defendant's assertion of the right, and prejudice to the defendant — rather than a fixed time limit.