Power decides what counts as fair—unless people do. That’s the heartbeat of our conversation with Professor Esther Hong, a scholar of youth and adult carceral systems and a former appellate advocate, as we unpack how the Sixth Amendment still guards legitimacy in a justice system dominated by plea deals. We walk through the core rights—speedy and public trial, impartial jury, notice of charges, assistance of counsel, confrontation, cross-examination, and compulsory process—and trace how they became binding on the states through the Fourteenth Amendment’s Due Process Clause.

We explore why Gideon v. Wainwright is more than the right to counsel; it’s a landmark in incorporation that shaped modern criminal procedure. From there, we look squarely at the rise of plea bargaining and the Supreme Court’s recognition in Lafler and Frye that real-world fairness requires effective counsel during negotiations. Even when trials are rare, those trial-centered rights still set the terms of negotiation and keep the state’s burden high.

Juries get special focus through Duncan v. Louisiana: ordinary citizens serve as a deliberate check on concentrated power, especially in serious cases where liberty hangs in the balance. We also examine the confrontation right through Crawford v. Washington, which re-centered live, adversarial testing of testimonial statements and rejected convictions built on untested accusations. Along the way, we push back on myths from televised trials, noting that many cases move fast, often without juries, and sometimes without counsel, while the Sixth Amendment continues to function as a constitutional North Star.

If you want a clear, grounded tour of how counsel, juries, and confrontation still shape fairness—and how incorporation brought these protections into everyday state practice—this conversation offers both legal insight and practical context. Subscribe, share with a friend who loves law and policy, and leave a review telling us which Sixth Amendment right you think needs the strongest protection right now.

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