The Sixth Amendment in modern American jurisprudence : a critical perspective

Alfredo Garcia

<p>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. <p>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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書名 The Sixth Amendment in modern American jurisprudence : a critical perspective
著作者等 Garcia, Alfredo
シリーズ名 Contributions in legal studies
出版元 Greenwood Press
刊行年月 1992
ページ数 x, 239 p.
大きさ 24 cm
ISBN 0313278776
NCID BA18717188
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言語 英語
出版国 アメリカ合衆国