I do not think that the original intent is particularly relevant
today. There are two reasons why I say this:
First, we have moved
away from the values of the Framers in terms of the rights given to criminal defendants.
Specifically, we feel that it is imperative that indigent defendants be provided with a lawyer
whether that was the original intent of the amendment or not. I do not think most Americans
would stand for the idea that you don't get a lawyer if you can't afford
one.
Second, for most of the other parts of the amendment, there is
no real difference between the original intent and current attitudes. People now are just as
opposed to holding someone in jail without trying them, for example. So there is no real
difference on those issues and so I don't think there is much relevance to the original
intent.
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