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The Secret Trial and the Sixth Amendment
Applied Constitutional Law CRJ 310
University of Arizona Global Campus
, 2
Introduction
Terrorist attacks are an attack on an ideal or as revenge for an attack on the ideal of
the terrorist as demonstrated on October 7, 2023, in Israel (U.S. Department of Defense,
2024). We as Americans have felt Israels pain as loved ones were killed or kidnapped. There is
not a country on Earth that has not felt the sting of terrorism. There is a concerted global law
enforcement / military effort to track down terror suspects and the masterminds behind attacks.
Here in the United States, we have a rule of law based on the United States Constitution that
must be followed and the protections therein afforded to Americans are also afforded to those
detained for terrorist attacks and housed on American soil. The sixth amendment is a major
protection afforded detained terror suspects when they go to trial.
Secret Terrorism Trial Bill and the Sixth Amendment right to public trial
The Sixth Amendment public trial is nullified by the Secret Terrorism Trial Bill. The
Sixth Amendment affords respondents in criminal cases the right to an open and public trial. By
having open and public hearing the public can see the process and that it is fair as is the jury in
its decision process.
“Sixth Amendment
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 (Library of Congress, 2024).
In this case the respondent would have the right to public trial as provided by the
Sixth Amendment. The balancing test is in the case Gannet v. DePasquale 443 U.S. 368 (1979).
The Secret Trial and the Sixth Amendment
Applied Constitutional Law CRJ 310
University of Arizona Global Campus
, 2
Introduction
Terrorist attacks are an attack on an ideal or as revenge for an attack on the ideal of
the terrorist as demonstrated on October 7, 2023, in Israel (U.S. Department of Defense,
2024). We as Americans have felt Israels pain as loved ones were killed or kidnapped. There is
not a country on Earth that has not felt the sting of terrorism. There is a concerted global law
enforcement / military effort to track down terror suspects and the masterminds behind attacks.
Here in the United States, we have a rule of law based on the United States Constitution that
must be followed and the protections therein afforded to Americans are also afforded to those
detained for terrorist attacks and housed on American soil. The sixth amendment is a major
protection afforded detained terror suspects when they go to trial.
Secret Terrorism Trial Bill and the Sixth Amendment right to public trial
The Sixth Amendment public trial is nullified by the Secret Terrorism Trial Bill. The
Sixth Amendment affords respondents in criminal cases the right to an open and public trial. By
having open and public hearing the public can see the process and that it is fair as is the jury in
its decision process.
“Sixth Amendment
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 (Library of Congress, 2024).
In this case the respondent would have the right to public trial as provided by the
Sixth Amendment. The balancing test is in the case Gannet v. DePasquale 443 U.S. 368 (1979).
