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In the United States, the Sixth Amendment to the Constitution guarantees: "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," the purpose of the amendment being to prevent a distant judge from arbitrarily and unjustly imposing his will upon the accused. ``This court has repeatedly held that, under the Sixth Amendment, any fact that exposes a defendant to a greater potential sentence must be found by the jury, not a judge, and established beyond a reasonable doubt, not merely by a preponderance of the evidence,'' Justice Ruth Bader Ginsburg wrote for the court. The Sixth Amendment, which concerns criminal prosecutions, guarantees public trials, impartial juries, and the "right to an attorney" part of the Miranda warning. |
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