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The Sixth Amendment in Modern American Jurisprudence - A Critical Perspective (Hardcover)
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The Sixth Amendment in Modern American Jurisprudence - A Critical Perspective (Hardcover)
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Alfredo Garcia, who has been both a prosecuting and a defense
attorney in criminal processes, reviews the United States Supreme
Court's interpretations of the Sixth Amendment--the right to a fair
trial--as they have evolved since the 1960s. He determines that the
Court, with a few notable exceptions, has demonstrated doctrinal
inconsistency and has failed to adhere to the core values embedded
in the amendment. Garcia argues that the functional and symbolic
roles of the Sixth Amendment have been eroded, and that this is
particularly evident in the three clauses that provide defendants
the means to respond to charges and to be assured of fair process.
The clauses considered specifically involve the right to counsel,
the right to confrontation, and the right to compulsory process.
The Supreme Court's emphasis in more recent years is perceived to
be on efficiency rather than on protecting the ideal of a "fair
trial." The six chapters cover the rights to counsel, to
confrontation, to compulsory process, to a speedy trial, and to a
jury trial, and the sometime conflict between a free press (First
Amendment) and the Sixth Amendment assurance of a fair trial free
of antecedent prejudicial publicity. This is a timely, much-needed,
and substantive examination of the highest court's interpretations
of a defendant's constitutional right to a fair, speedy trial.
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