Still others argue that neither an intentional incorporation of English common law nor an opposition to Star Chamber practices influenced the nation's Founders when incorporating the right to a public trial into the Sixth Amendment.
38) But discussions surrounding the Bill of Rights tend to imply that the incorporation of the public-trial right was instead a fearful reaction to the dangers of Star Chamber practices.
59) In rejecting the public's argument seeking a right to attend criminal proceedings, the Court reaffirmed its second premise--that the Sixth Amendment developed from English common law and not as a result of secretive Star Chamber practices.
Instead, the Founders reacted to Star Chamber practices, finding it necessary to provide criminal defendants with specific, enumerated safeguards.
Elbridge Gerry "'urged the necessity of juries to guard against corrupt judges'" and equated the use of nonjury trials to Star Chamber practices.
FEW, supra note 39, at 73 (suggesting English origin, but noting important impact Star Chamber practices had).
1917) (accepting secretive Star Chamber practices as force behind Sixth Amendment's incorporation).