Alabama Constitution Section 6 - Rights of persons in criminal prosecutions generally; self-incrimination; due process of law; right to speedy, public trial; change of venue.
🔹 Alabama Constitution – Article I, Section 6 (Rights of Persons in Criminal Prosecutions)
This section is part of the Alabama Declaration of Rights and mirrors many protections found in the U.S. Constitution's Fifth and Sixth Amendments. It outlines the fundamental rights of individuals accused of crimes in Alabama.
📜 Full Text of Section 6:
“That in all criminal prosecutions, the accused has a right to be heard by himself and counsel, or either; to demand the nature and cause of the accusation; to have a copy thereof; to be confronted by the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to give evidence in his own behalf; and, in all prosecutions by indictment, a speedy public trial by an impartial jury of the county or district in which the offense was committed; and not to be compelled to give evidence against himself, nor be deprived of life, liberty, or property, except by due process of law; and the right to a change of venue in all criminal prosecutions, shall be held inviolate.”
🔍 Key Rights Protected Under Section 6:
| Right | Explanation |
|---|---|
| Right to be heard by counsel | The accused can defend themselves or be represented by an attorney. |
| Right to know the charges | The accused must be informed of the nature and cause of the charges. |
| Right to a copy of the accusation | Ensures transparency and preparation for defense. |
| Right to confront witnesses | Includes cross-examination of prosecution witnesses. |
| Right to compulsory process | Allows the accused to summon witnesses in their favor. |
| Right to testify | The accused may give evidence in their own defense, but is not compelled to do so. |
| Right to a speedy, public trial | Protects against prolonged detention and promotes transparency. |
| Right to trial by jury in the county/district | Ensures local and impartial adjudication. |
| Right against self-incrimination | No one can be forced to testify against themselves. |
| Due process of law | No one can be deprived of life, liberty, or property without proper legal procedure. |
| Right to change of venue | To ensure a fair trial, especially if local prejudice is present. |
⚖️ Interpretation & Application:
This section mirrors and reinforces the protections of the Fifth and Sixth Amendments to the U.S. Constitution but applies them at the state level, ensuring state courts honor these fundamental protections.
The "change of venue" clause is especially notable in Alabama law—it guarantees that if a fair trial cannot be had in one place, the trial can be moved to another venue.
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