(13) Criminal Procedure: 6th Amendment Rights Flashcards
What are they?
6th Amendment Rights
6th Amendment
The accused has the right to counsel in all criminal prosecutions under the 6th Amendment (except for State misdemeanor prosecutions that do not carry a risk of jail time).
The 6th Amendment also provides the following rights (7 in total):
1. Right to Effective Counsel
2. Right to Self-Represent
3. Right to Testify
4. Right to a Trial by Jury
5. Right to a Speedy Trial
6. Right to Confront Witnesses
Can an officer question a suspect about offenses they arent charged with?
6th Amendment - Right to Counsel
YES, officers may question the D on offenses that they are not charged with, without an attorney.
When does the right to counsel attach?
6th Amendment - 6th Amendment Right to Counsel
This right to counsel attaches once formal adversarial judicial proceedings have been commenced (i.e., formal charge, preliminary hearing, indictment, or arraignment).
Has the right to counsel attached at a pre-charge lineup?
6th Amendment Right to Counsel
NO, a person has the right to counsel at the post-charge line-up but not at the pre-charge lineup because the right has not attached since they haven’t been formally charged.
Right to Effective Counsel
6th Amendment
The accused has the right to effective assistance of counsel which includes in preparation and trial of a case.
How to prove Ineffective Counsel
6th Amendment - Right to Counsel
To prove ineffective counsel the D must show (1) the counsel’s performance was deficient; AND (2) but for the counsel’s errors, the result of the trial would have been different.
What civil procedure rule applies if one can prove ineffective counseling?
6th Amendment - Right to Counsel
If ineffective counseling is proven then the verdict must be reversed and the D is entitled to a new trial.
Waiver of Right to Counsel
6th Amendment
The 6th Amendment right to effective counsel may be waived. A valid waiver must be: (1) voluntary; AND (2) knowing and intelligent (the D must understand the nature of the right being waived and the consequences for waiving it)
Right to Testify
6th Amendment
Under the 6th Amendment a D has the right to testify on their own behalf.
Right to Self-Represent
6th Amendment
Under the 6th Amendment a D has the right to represent themselves at trial however this right must be assumed knowingly AND intelligently.
Can a judge deny a Defendants Right to Self-Represent?
6th Amendment
A judge may deny this right if the D (a) lacks competence to stand trial OR (b) validly waives the right to counsel.
General Rule + How to determine if the right has been violated:
Right to a Speedy Trial
6th Amendment
A D has the right to a speedy trial under the 6th Amendment. To determine if the right has been violated a court will consider the following: (1) the reason for the delay; (2) whether the D objected to the delay; (3) the length of the delay; AND (4) any prejudice the D suffered.
Right to a Trial by Jury
6th Amendment
Right to a jury trial if the maximum sentence is 6 months or more.
Grand Jury Indictment
A grand jury is an investigatory tool and therefore D has no right to be present or a right to counsel.
Bail Hearing
This initiates the formal adversarial process, but isn’t a critical stage so the suspect does NOT have a right to counsel.
There is no constitutional right to bail, but suspect is entitled to a hearing to determine whether bail will be granted or denied and bail cannot be excessive.
