Other Sixth Amendment Protections

Another right that the Sixth Amendment encompasses is the right “be informed of the nature and cause of the accusation.” U.S. Cont. Amend. VI.

The accused can expect to apprised with sufficient notice of the nature of the charges so that prepare a defense. Jones v. United States, 526 U.S. 227 (1999). The charges must be specific and clear enough to permit a defendant to identifiy any double-jeopardy issues. United States v. Miller, 471 U.S. 130, 134-35 (1985); Russell v. United States, 369 U.S. 749, 763-65 (1962).

PURPOSES OF INDICTMENT OR COMPLAINT

Potential issues with the charging instrument can be analyzed by understanding the purpose of the right:

1. The instrument should provide sufficient notice of the charges,

2.  The instrument should be detailed enought in order to enabling

3. In felony cases, only tried on the charges the grand jury has returned.

REMEDIES FOR CHALLENGING DEFECTS

 

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OTHER SIXTH AMENDMENT RESOURCES

CASES

  • Jones v. United States, 526 U.S. 227 (1999)
  • United States v. Miller, 471 U.S. 130, 134-35 (1985);
  • Russell v. United States, 369 U.S. 749, 763-65 (1962);

STATUTES

 Rule 7(c)(1) of the Federal Rules of Criminal Procedure

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