We should be at number 6 now, and it’s one of the bigger ones.

Amendment VI

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 where in 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 defense.

What it means:  Simple, actually.  In ANY criminal case, there shall be a trial held quickly, publicly, by a jury that hopefully have no preconceived notions of the crime or the accused.  He shall know what crime he is accused of, who charged him, and to be able to confront the witnesses to his crime.  He shall also have the ability to call forth his own witnesses, even if they are involuntary.  Yes, the accused can force people to testify on his behalf.  Oh yeah…and if they like, the accused can have a lawyer.  Because this is a right that can not be revoked involuntarily, in most cases should someone not be able to afford a lawyer, they may have a public defender.  Keep in mind, as these are rights, the person may voluntarily decide to not use them at any time.  He doesn’t cede these rights…he just doesn’t enact them.

Today:  One solid word, and one squirrelly phrase.  The word ALL means that no matter the person, even if they are not American, shall have this right.  Provided they are in a criminal prosecution.  This was the logic behind locking up foreign dissidents over seas.  No prosecution, no rights…never charge them, and all is ok.  But can’t let them go, as they MIGHT be charged.  In the states, we have a time limit on how long someone may be held before charges are brought.  As it is over seas, and they are not Americans, well…  As for the way trials tend to take years for actual prosecutions, people tend to try to put them off as long as possible in order to get more ability to defend/prosecute.  Not to mention that if a person is out on bail, knows they can’t run, and knows they will be going to jail for a while, a lengthy trial looks pretty well.

Now, who here has had trouble with the law.  Notice how this looks remarkably like what we think are the Miranda rights?  And for those of us that never have, well, take our word for it.  Surprise!  The Miranda rights came from the 5th amendment!  Not this one!  The only thing the Miranda rights do, is to protect us from self incrimination and interrogation…nothing at all about right to trial, jury, etc.  But more on that next time.