4) S+C: 6A Right to Counsel

Question 1

6A right to counsel: rule

Answer 1

1) after formal adversarial process initiated, then
2) you have right to assistance of counsel
3) during all “critical stages” of adversarial process

so, any sts obtained by police from D re crime he is formally charged with is inadmissible unless: L was present OR knowingly + voluntarily waived L presence

Question 2

“initiation of formal adversarial process”: ways

Answer 2

formal charge
indictment
arriagnment
prelim hg

Question 3

“critical stage”

Answer 3

deliberate elicitation of st (questioning)
physical lineup
prelim hg
trial

Question 4

defendant vs suspect

Answer 4

defendant = formally charged, 6A applies

suspect: just suspected, not formally chraged, no 6A protection

Question 5

6A rights are

Answer 5

offense specific!!

result: police can still question on other offenses (not charged yet) even if factually related to this offense

Question 6

deliberate elicitation of st: def

Answer 6

express or implied questioning

Question 7

6A: does not require

Answer 7

D to know he is being questioned

Question 8

6A: waiver

Answer 8

D can waive presence of lawyer. Effective if:
knowing +
voluntary (no coercion)