The Sixth Amendment
The Sixth Amendment circa 1789...
The Sixth Amendment circa 2022...
The Sixth Amendment states “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 defense.”
Explore the National Constitution Center’s Interactive Constitution to learn more about interpretations of the Sixth Amendment.
Hemphill v. New York (2021), provides an example of how the right to be confronted with witnesses in criminal trials remains relevant. Prosecutors in New York tried Darrell Hemphill for the murder of David Pacheco Jr. Hemphill's supposed accomplice in the murder, Nicholas Morris, had been tried previously for possession of a firearm. At Hemphill's trial, the state prosecutors sought to admit statements from Morris’ trial, statements that had not been subject to cross-examination. This would not typically be allowed under the confrontation clause. However, the trial court found the statements admissible due to the idea that Hemphill’s counsel had ‘opened the door’ to the evidence. In an 8-1 decision, the US Supreme Court ultimately rejected this theory, ruling that the New York court violated Hemphill's right to confront witnesses against him.
For further information about Hemphill v. New York, explore the SCOTUSblog article regarding the decision.