Sixth Amendment: Rights of the accused at trial

The Sixth Amendment lists the rights of anyone facing a criminal prosecution. All of them apply in state court, and they matter for city ordinances too: in California, violating a city ordinance is a misdemeanor unless the ordinance makes it an infraction (Gov. Code §36900) Verified1. A misdemeanor prosecution for a Williams code violation carries every Sixth Amendment right.

The text

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 wherein 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 defence.

Source: National Archives transcription Verified2

Clause by clause

Speedy trial

There's no fixed deadline in the Constitution. Whether the right was violated "can be determined only on an ad hoc balancing basis," looking at "the length of and reason for the delay, the defendant's assertion of his right, and prejudice to the defendant" (Barker v. Wingo, 407 U.S. 514 (1972)) Verified3. California also sets statutory deadlines; this site hasn't verified the current Penal Code numbers, so check them before relying on any.

Public trial

Trials are open to the public and press, with narrow exceptions. California's Article I, §15 also guarantees "a speedy public trial" Verified4.

Impartial jury

• Applies to states. "Trial by jury in criminal cases is fundamental to the American scheme of justice" (Duncan v. Louisiana, 391 U.S. 145 (1968)) Verified5.
• Petty offenses don't get one. No offense "can be deemed 'petty' for purposes of the right to trial by jury where imprisonment for more than six months is authorized" (Baldwin v. New York, 399 U.S. 66 (1970)) Verified6. California goes further: its constitution guarantees a jury in misdemeanor cases (Art. I, §16: "In criminal actions in which a misdemeanor is charged, the jury shall consist of 12 persons or a lesser number agreed on by the parties") Verified4.
• Unanimity. "The Sixth Amendment's protection against nonunanimous felony guilty verdicts applies against the States" (Ramos v. Louisiana, 590 U.S. 83 (2020)) Verified7.
• "Of the State and district wherein the crime shall have been committed." The vicinage rule. A crime in Williams is tried in Colusa County Superior Court.

Notice of the accusation

The accused must "be informed of the nature and cause of the accusation" Verified2. A charge must be specific enough to prepare a defense. Combined with the Fourteenth Amendment's vagueness doctrine, this means an ordinance must say what's prohibited (vagueness).

Confrontation

"Where testimonial statements are at issue, the only indicium of reliability sufficient to satisfy constitutional demands is confrontation" (Crawford v. Washington, 541 U.S. 36 (2004)) Verified8. A police report or inspector's written statement offered to prove a violation generally can't replace live testimony if the defendant objects. Our reading: that's an application of Crawford's general rule; the details of what counts as "testimonial" are extensively litigated.

Compulsory process

The defense can subpoena witnesses.

Counsel

• Felonies. Gideon v. Wainwright (1963): "lawyers in criminal courts are necessities, not luxuries" (Gideon v. Wainwright, 372 U.S. 335 (1963)) Verified9. States must appoint counsel for indigent felony defendants.
• Misdemeanors. "Absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial" (Argersinger v. Hamlin, 407 U.S. 25 (1972)) Verified10. The line is "actual imprisonment," not the possibility of it (Scott v. Illinois, 440 U.S. 367 (1979)) Verified11.
• Effective assistance. A defendant claiming bad lawyering must show "counsel's performance was deficient" and that "the deficient performance prejudiced the defense" (Strickland v. Washington, 466 U.S. 668 (1984)) Verified12.

How it reaches Williams

Each right has been applied to the states, including speedy trial, jury (Duncan), confrontation, and counsel (Gideon) Verified5,9. Williams doesn't run its own court; ordinance prosecutions go to Colusa County Superior Court. State law says a city ordinance violation "may be prosecuted by city authorities in the name of the people of the State of California, or redressed by civil action" (Gov. Code §36900(a)) Verified1.

In Williams

• Misdemeanor or infraction? Under §36900, a Williams ordinance violation is a misdemeanor unless the city makes it an infraction Verified1. That choice decides whether jail is possible, and with it the right to appointed counsel Verified10,11. California says "An infraction is not punishable by imprisonment," and a person charged with one isn't entitled to a jury or, generally, to appointed counsel (Pen. Code §19.6) Verified13. See Williams: charging choices.
• Code cases in court. If the city prosecutes, the inspector testifies in person; the defendant can cross-examine Verified8.
• Administrative citations. Citations handled by an administrative hearing under Gov. Code §53069.4 aren't criminal, so the Sixth Amendment doesn't apply; due process does Verified14.

Common misconceptions

• "Misdemeanors don't get a lawyer." If jail is actually imposed, counsel is required Verified10.
• "Juries only for felonies." Federally, any offense punishable by over six months Verified6; in California, misdemeanors too Verified4.
• "A written report is enough." Testimonial statements generally require the witness Verified8.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.