Sixth Amendment
A Runner Was Prosecuted for Unapproved Trail Use After the Referring Agency Called It 'Overcriminalization'
The case against Michelino Sunseri exemplifies the injustice caused by the proliferation of regulatory crimes—the target of a recent presidential order.
A Federal Judge Lists 8 Ways That Trump Violated the Constitution by Punishing a Disfavored Law Firm
The president's crusade against attorneys whose work offends him, which defies the First Amendment and undermines the right to counsel, has provoked several judicial rebukes.
By Openly Retaliating Against Disfavored Law Firms, Trump Attacks Free Speech and the Right to Counsel
Two of his targets are seeking permanent injunctions against the president's blatantly unconstitutional executive orders.
Justices Alito and Gorsuch Would Like to Reconsider Crawford
Two decisions respecting a denial of certiorari suggest the Court should reconstruct Confrontation Clause jurisprudence.
The President Still Has Time To Show His Mercy Extends Beyond His Own Son
The draconian penalties that Hunter Biden escaped affect many people whose fathers cannot save them.
Hunter Biden's Pardon Features Several Shades of Hypocrisy, Including the Gun Policy Implications
Joe Biden says his son did not deserve prison for violating firearm laws that the president vigorously defends and has made more severe.
Iowa Supreme Court is Considering if the State Can Charge Acquitted Defendants for Court-Appointed Attorneys
Iowa has one of the most aggressive court systems in the country when it comes to billing defendants for court-appointed attorneys, even in cases where they're acquitted or charges are dropped.
The Supreme Court Again Strengthens the Right to a Jury Trial in Criminal Sentencing
Paul Erlinger was sentenced to 15 years in prison based largely on a determination made by a judge—not a jury.
New York and New Jersey Want To Let Felons Serve on Juries. Here's Why.
Bans have resulted in what some have called the "whitewashing" of American juries.
'An Embarrassing Mistake': Neil Gorsuch Rails Into Florida's Use of 6-Person Juries
The Sixth Amendment was originally seen as vital to preserving liberty. Yet it has been consistently watered down.
Sentencing Commission Again Proposes Restricting Judges' Use of Acquitted Conduct
Judges can sentence defendants for charges they were acquitted of by a jury, a practice that troubles criminal justice advocates, civil liberties groups, and several Supreme Court justices.
Hunter Biden's Multiplying Charges Exemplify a Profound Threat to Trial by Jury
Prosecutors have enormous power to coerce guilty pleas, which are the basis for nearly all convictions.
Hunter Biden's Multiplying Gun Charges Threaten the Right to Arms and the Right to Trial
The collapse of his plea deal set up a clash with his father, who doggedly defends the firearm regulations his son violated.
Joint Trial of Sidney Powell and Kenneth Chesebro Illustrates the Fuzziness of Georgia's RICO Law
The two alleged racketeers complain that irrelevant evidence concerning distinct, uncoordinated conduct aimed at keeping Donald Trump in office will impair their defense.
He Spent 10 Years Behind Bars Without Being Convicted. He'll Have To Wait Longer To Have the Case Resolved.
Maurice Jimmerson finally got a trial after a decade of pretrial detention. It ended in a hung jury.
He Spent a Decade in Jail Without Being Convicted. Now His Lawyer Says His Case Should Be Dismissed.
Maurice Jimmerson has spent 10 years in jail awaiting trial for a 2013 murder charge.
Sentencing Commission Proposes Restricting Judges' Use of Acquitted Conduct
It may sound bizarre, but yes, you can be punished at sentencing for an offense you were acquitted of by a jury.
Oregon Supreme Court Orders New Trials for Hundreds Convicted by Split Juries
Oregon was one of only two states that allowed for non-unanimous guilty verdicts until the Supreme Court outlawed them in 2020.
An Iowa Jury Awards $12 Million in Damages to a Man Who Was Wrongly Imprisoned for Sexual Abuse
A former guidance counselor served six years of a 25-year sentence thanks to a public defender's incompetence.
The Founders Loved Jury Trials. Almost No One Gets One Anymore.
John Adams called jury trials part of the "heart and lungs of liberty." Today, defendants are often punished for exercising that very right.
Ted Cruz Hates Due Process
By smearing public defenders, the Texas senator shows what he thinks of constitutional rights.
Pamela Moses 'Requested a Jury Trial.' So She Got 6 Years in Prison.
Shelby County District Attorney Amy Weirich said Moses would be a free woman—if she hadn't insisted on exercising her constitutional right to trial.
Don't Punish the QAnon Shaman—or Anyone—for Demanding a Jury Trial
Coercive plea deals trample on defendants' Sixth Amendment rights.
The Varsity Blues Trial Is a Reminder of Our Corrupt Criminal Justice System
Plead guilty and get "punishments ranging from probation to nine months in prison." Insist on a trial and face decades in prison.
California Governor Proposes Millions in Public Defender Funding To Settle Sixth Amendment Lawsuit
The ACLU argues the lack of state funding and oversight creates an unconstitutional lack of access to legal counsel in poorer California counties.
Impeachment and the Sixth Amendment
No, President Trump cannot invoke his Sixth Amendment rights in connection with House impeachment proceedings
Rand Paul Proposes Expanding Whistleblower Protections While Publicly Exposing Whistleblowers
Yes, Trump (and everybody else) has a right to face their accusers when they’re charged with crimes. But that hasn’t actually happened.
Federal Prosecutors Are Punishing Actor Lori Loughlin for Exercising Her Right To Defend Herself
Plea deals aren’t about mercy these days. They’re about intimidating defendants into giving up the right to a trial.
SCOTUS Debates Whether the Right to Trial by Jury Should Mean the Same Thing in State and Federal Court
Understanding what’s at stake in Ramos v. Louisiana.
Gorsuch and Sotomayor Join Forces in Defense of Sixth Amendment Rights
It's not the first time the two justices have teamed up on a criminal justice case.
New York's Top Court Rules Immigrants Are Entitled to Jury Trials for Crimes that May Lead to Deportation
Many face getting tossed out of the country for minor crimes. This ruling could result in big changes.
Ross Ulbricht Files Appeal to the Supreme Court on His Life Sentence Without Parole
Silk Road founder's appeal stresses the dangerous Fourth and Sixth Amendment implications of his prosecution and sentencing.
ACLU Sues Nevada Over Inadequate Public Defender System
Rural Nevada counties use overworked contract attorneys as public defenders, leaving poor defendants at a huge disadvantage, the ACLU says.
ACLU Sues Louisiana Parish for Alleged Bail Extortion Scheme
A civil rights lawsuit says a state judge and a private company are effectively holding defendants for ransom.
Rand Paul on Blocking Indefinite Detention and Saudi Arms Sales
The Kentucky senator laments that "there's very little of this attorney general, this Department of Justice, doing anything favorable towards criminal justice or towards civil liberties"
The Disappearing Sixth Amendment
In many parts of the U.S., those who can't afford a lawyer must wait months to meet with public defenders.
