PRESENTATION OUTLINE
The 6th Amendment states that a person accused of a crime has the right to a speedy and public trial and the right to a lawyer to help them.
During the time the Constitution was coming about, English courts were controlled by the king. People weren't tried fairly.
The makers of the Constitution wanted to make sure the unfairness of the English courts never happened in the US.
Blakely v. Washington:
Ralph Howard Blakely, Jr. pleaded guilty to second-degree kidnapping with domestic violence and use of firearm.
The judge sentenced Blakely to 90 months. WA's law for this crime limits the range of sentences that a judge can inflict to 49 to 50 months.
However, due to "substantial and compelling reasons justifying an exceptional sentence,” the judge legally refused to change his mind.
Blakely argued that he was being deprived of his Sixth Amendment right by not being able to have a jury determine his sentence.
Gideon v. Wainwright:
Gideon was charged with a noncapital felony and appeared in court w/o money or a lawyer. He asked to be given a lawyer, but was refused.
He was told that the state only appointed lawyers if the defendant was poor in 'capital' cases. He defended himself; ended up convicted.
He applied for a writ of habeas corpus (to go in front of the court so they could determine if he really should have been convicted), saying his conviction violated his rights under the Federal Constitution. He was denied relief.
