Amendment 6 of 27 · Bill of Rights · 1791
Sixth Amendment
Rights at a criminal trial
The one-line version
If you're charged with a crime, you have the right to a lawyer, a fair jury, a speedy public trial, and to question witnesses.
The Sixth Amendment in plain English
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
Original text, 1791
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.
Phrase by phrase
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial
- If you are charged with a crime, your trial must happen without unfair delay and be open to the public.
by an impartial jury of the State and district wherein the crime shall have been committed
- A fair jury from the place where the crime happened decides your case.
to be informed of the nature and cause of the accusation
- You must be told what crime you are charged with and why.
to be confronted with the witnesses against him
- You can see and question the witnesses who testify against you.
to have compulsory process for obtaining witnesses in his favor
- The court can order witnesses to come and testify for you.
to have the Assistance of Counsel for his defence
- You have the right to a lawyer to defend you.
Picture it
Example. Not legal advice.
You are charged with a felony and cannot afford a lawyer. The court must give you a lawyer for free. That lawyer is often a public defender, a licensed lawyer paid by the government to defend people.
What this means for you
The right to a lawyer
You have the right to a lawyer if you are charged with a crime. In Gideon v. Wainwright (1963), the Court held that states must provide a free lawyer in felony cases to people who cannot afford one. For lesser crimes, you cannot be sentenced to jail unless you had a lawyer or gave up that right.
The Sixth Amendment right to a lawyer begins once formal charges start, such as at your first court appearance. Your right to a lawyer during police questioning before charges comes from the Fifth Amendment and Miranda v. Arizona (1966).
Public defenders
If you cannot afford a lawyer, the court will appoint one. This is often a public defender, a licensed lawyer paid by the government to defend people charged with crimes.
Public defenders have the same duties to you as a lawyer you pay. Many handle large numbers of cases, so they may have less time for each person.
A speedy and public trial
The Constitution sets no fixed deadline for a speedy trial. Courts weigh four factors from Barker v. Wingo (1972): how long the delay was, why it happened, whether you asked for a speedy trial, and how the delay harmed you.
Federal law generally sets 70 days from charges to trial, with many allowed exceptions. States set their own limits. In practice, cases can still take months or longer.
Juries and witnesses
For a serious crime, you have the right to a jury trial in state or federal court. Since Ramos v. Louisiana (2020), the jury must agree unanimously to convict you.
You have the right to confront, meaning see and question, the witnesses against you. Crawford v. Washington (2004) limits testimony-like statements from a witness who does not come to trial. The prosecution generally cannot use them unless you had a chance to question that witness. Courts allow some limits, such as letting some child witnesses testify by video while the defense still questions them.
Myth check
MythA public defender isn't a real lawyer.
FactPublic defenders are licensed lawyers whose job is to defend people charged with crimes. They have the same duties to you as a lawyer you pay.
MythYou only get a free lawyer if you're charged with murder.
FactSince Gideon v. Wainwright (1963), states must provide a lawyer in felony cases. For lesser crimes, you cannot be sentenced to jail unless you had a lawyer or gave up that right.
Myth"Speedy trial" means my trial must happen within a few weeks.
FactThe Constitution sets no fixed deadline. Courts weigh several factors, and federal and state laws set their own time limits with many exceptions.
Common questions
What does the Sixth Amendment say in simple terms?
It means that if you are charged with a crime, you get a speedy and public trial and a fair jury. You also get a lawyer and the chance to question witnesses against you. You must be told what you are charged with.
Do I get a free lawyer if I can't afford one?
Yes, in many criminal cases. In Gideon v. Wainwright (1963), the Supreme Court said states must provide a lawyer in felony cases. For lesser crimes, you cannot be sentenced to jail unless you had a lawyer or gave up that right. This right does not cover most civil cases.
How fast is a speedy trial?
The Constitution sets no fixed deadline. In Barker v. Wingo (1972), the Supreme Court set a balancing test. Courts weigh the delay's length and reason, whether the accused asked for a speedy trial, and the harm caused. Federal and state laws add their own time limits.
Does a jury have to be unanimous?
Yes, to convict someone of a serious crime. In Ramos v. Louisiana (2020), the Supreme Court held that juries in state and federal courts must be unanimous to convict for a serious offense.
Can a witness testify against me without showing up in court?
Generally, no. In Crawford v. Washington (2004), the Supreme Court said testimony-like statements from a witness who does not appear at trial generally cannot be used. An exception applies when the witness is unavailable and the accused had an earlier chance to question them.
Is a public defender a real lawyer?
Yes. Public defenders are licensed lawyers whose job is to defend people charged with crimes. They have the same duties to you as a lawyer you pay. Since Gideon v. Wainwright (1963), states must provide lawyers in felony cases for people who cannot afford one.
Go deeper
The scene · 1791
In England, people accused of serious crimes were often not allowed a lawyer to argue for them. Some were convicted based on written statements from witnesses they never got to question. The American colonists also objected to British plans to send accused colonists to England for trial. The Sixth Amendment set out the rights of anyone accused of a crime.
Back then
The writers had seen trials held in secret, trials far from home, and people convicted without a chance to answer the evidence. They wanted trials to be public, local, and fair. They wanted the accused to know the charges and to be able to fight them.
Words that changed
- “counsel”
ThenA lawyer or legal adviser. Many accused people could hire one only if they had money.
NowA lawyer. If you cannot afford one, the government must provide one for a felony or for any charge that ends in a jail sentence.
- “compulsory process”
ThenA court order forcing someone to come to court.
NowThe same idea. Today this is usually a subpoena, meaning an order to appear and testify.
- “impartial”
ThenNot taking sides.
NowThe same. Lawyers can question possible jurors and ask the judge to remove biased ones.
Key cases
- 1963
Gideon v. Wainwright
States must provide a lawyer to people charged with a felony who cannot afford one.
- 1968
Duncan v. Louisiana
The right to a jury trial applies in state courts for serious crimes.
- 1972
Barker v. Wingo
Courts judge speed by weighing the delay's length and reason, whether the accused asked for a speedy trial, and the harm caused.
- 2004
Crawford v. Washington
Testimony-like statements from a witness who does not appear at trial generally cannot be used unless the accused had a chance to question that witness.
- 2020
Ramos v. Louisiana
A jury must vote unanimously to convict someone of a serious crime, in state and federal courts.
More history and context
The Sixth Amendment was ratified in 1791. At first it limited only the federal government. Through the Fourteenth Amendment, it now limits state governments too.
Gideon v. Wainwright (1963) greatly expanded the right to a lawyer. Before Gideon, many states did not have to provide free lawyers except in some cases, such as death-penalty cases. Later cases extended the right to any case that ends in a jail sentence.
Duncan v. Louisiana (1968) applied the jury-trial right to serious crimes in state courts. Crawford v. Washington (2004) limited the use of out-of-court statements from witnesses who do not testify. Ramos v. Louisiana (2020) required unanimous juries for serious crimes in every state.
"Speedy" has no fixed meaning in the Constitution. Courts use the four-factor test from Barker v. Wingo (1972) instead of a set time limit.
Actively contested
Courts are still deciding parts of this. Open questions include:
- Which out-of-court statements count as "testimonial" under the Confrontation Clause
- Whether heavy public defender caseloads violate the right to a lawyer
- Which sentencing facts a jury, not a judge, must decide
Quick check
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