VIII. Remedy for a Violation

• Library: The Rights of the Accused under the Sixth Amendment (ABA) (2016 Ed.)

VIII. Remedy for a Violation

The remedy for a violation of the right is a new trial if the violation occurred at trial and was not a trivial or de minimis violation, as explained in the next section. "[T]he remedy should be appropriate to the violation."⁸¹ It is deemed a structural error that does not require a demonstration of prejudice, and is thus per se reversible.⁸² If the violation occurs at a pretrial proceeding, such as a suppression hearing, the remedy is a new proceeding.⁸³ Where the trial court violated Waller by not considering alternatives to closure, one court has held that the appropriate remedy is a new trial and not...