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Alfredo Garcia, who has been both a prosecuting and a defense attorney in criminal processes, reviews the United States Supreme Court's interpretations of the Sixth Amendment--the right to a fair trial--as they have evolved since the 1960s. He determines that the Court, with a few notable exceptions, has demonstrated doctrinal inconsistency and has failed to adhere to the core values embedded in the amendment. Garcia argues that the functional and symbolic roles of the Sixth Amendment have been eroded, and that this is particularly evident in the three clauses that provide defendants the means to respond to charges and to be assured of fair process. The clauses considered specifically involve the right to counsel, the right to confrontation, and the right to compulsory process. The Supreme Court's emphasis in more recent years is perceived to be on efficiency rather than on protecting the ideal of a fair trial.
The six chapters cover the rights to counsel, to confrontation, to compulsory process, to a speedy trial, and to a jury trial, and the sometime conflict between a free press (First Amendment) and the Sixth Amendment assurance of a fair trial free of antecedent prejudicial publicity. This is a timely, much-needed, and substantive examination of the highest court's interpretations of a defendant's constitutional right to a fair, speedy trial.
- Sales Rank: #4501691 in Books
- Published on: 1992-05-26
- Ingredients: Example Ingredients
- Original language: English
- Number of items: 1
- Dimensions: 9.21" h x .63" w x 6.14" l, 1.30 pounds
- Binding: Hardcover
- 256 pages
Review
"A clear-eyed, tightly organized and highly readable account of the many recent developments in Sixth Amendment law. Brisk, hard-hitting commentary."-Yale Kamisar Henry K. Ransom Professor of Law University of Michigan Law School
"Garcia masterfully brings together all of the relevant Supreme Court cases on the topics he discusses and subjects them to trenchant critical analysis. His views concerning current Supreme Court jurisprudence on the Sixth Amendment are particularly stinging and deserving of attention. Anyone concerned about the future of this most important of all the constitutional provisions concerning the criminal process should read this book."- Christopher Slobogin Professor of Law University of Florida College of Law
"Professor Garcia provides a thought-provoking analysis of the status of Sixth Amendment jurisprudence. He skillfully dissects the doctrinal development of the Amendment with concentration on the Supreme Court rulings of the past three decades. He provides an organizational framework for Sixth Amendment jurisprudence that can assist scholars as well as students of law. One can only hope that jurists will heed [Garcia's] warning and save our adversary system of adjudication."- Ellen S. Podgor Associate Professor of Law Georgia State University College of Law
About the Author
ALFREDO GARCIA teaches Criminal law and Procedure at the St. Thomas University School of Law. He has served as an Assistant State Attorney in Florida and as a criminal defense attorney at both the state and federal levels. He has written frequently on the Sixth Amendment in professional journals.
Most helpful customer reviews
2 of 2 people found the following review helpful.
A Scholarly but Lively Read
By George L. Petty
Alfredo Garcia has worked both as a prosecutor and as a defense attorney. There are 6 chapters, each one on one of the amendment's clauses. For me, the most absorbing and best documented chapter was "The Right to Counsel under Siege: Requiem for an Endangered Right?" Each chapter has footnotes for case citations, occasional excerpts of concurring & dissenting opinions, references to law school journals, and/or Garcia's own comments.
I felt that the most interesting case as presented was BREWER v. WILLIAMS 430 US 387 (1977), which involved the (in)famous "Christian burial speech." You can look up the case on the internet if interested. Which brings up a point. Although the book was published 19 years ago, the reader can check a case citation on the internet to see whether or not the case has been overruled or whatever.
I'm not a lawyer but I enjoy reading about the US Constitution. At 239 pages, the book makes for a reasonably rapid read because of the high drama of several of the cases and the way Garcia links them together.
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