Application of the Sixth Amendment and COVID-19

The Law

The Sixth Amendment to the U.S. Constitution reads, “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” (1).The Speedy Trial Act of 1974 and state laws provide guidance as to the number of days to bring a defendant to trial before this right is violated. A prosecutor may work around the “speedy trial clock” if they can show good cause for a delay, or if a defendant agrees to waive the right. One reason for the right to a speedy trial is to prevent a defendant from being held in custody only to find out that the defendant was innocent. An innocent citizen who is incarcerated in violation of the Sixth Amendment right to a speedy trial is a violation of due process rights (2).

The Facts

Ben was indicted on 24 state counts of possession of fentanyl, with intent to distribute near an elementary school, and federal racketeering charges in September 2019. While Ben sat in jail, his attorney was able to delay his jury trial a few times so he could gather witnesses for Ben’s defense. In March 2020, Ben’s attorney submitted a motion to dismiss the charges for a violation of Ben’s Sixth Amendment right to a speedy trial. The hearing was set for March 28. On March 15, the Governor of the state ordered all courts to close and suspended jury trials due to public safety concerns over COVID-19. Ben did not get his hearing and remained in jail.

Instructions

• Research the Federal Speedy Trial Act and its requirements.
• Research the law in New York State pertaining to the number of days a defendant may be held in jail, consistent with the requirements of the Sixth Amendment, for a felony and misdemeanor charge.
• Read United States v. Olsen [PDF].

Write a one-page, double-spaced explanation using Times New Roman font (size 12), with 1-inch margins on all sides of whether Ben’s Sixth Amendment right to a speedy trial was violated, based on your understanding of the law and the 9th Circuit Appellate Court case, United States v. Olsen.

SOLUTION

The Sixth Amendment to the United States Constitution guarantees the right to a fair trial, including the right to a public trial, the right to an impartial jury, the right to be informed of the charges against oneself, the right to confront witnesses, and the right to counsel. The COVID-19 pandemic has presented challenges to the implementation of these rights, as many court proceedings have moved online or been delayed in order to limit the spread of the virus. This has raised concerns about the ability of defendants to receive a fair trial, as well as the safety of judges, attorneys, and other court personnel. Some jurisdictions have implemented measures such as virtual arraignments, remote witness testimony, and the use of protective gear in order to balance the need for public safety with the right to a fair trial.