6th Amendment Flashcards
6th amendment
in criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury… and to have the assistance of counsel for his defense
Massiah v. U.S.
Once the right to counsel has attached, the police may not speak to suspect in any elictory matter without his attorney
Includes CIs
Brewer v. Williams
Defendants do not waive the rights of counsel if at the advice of counsel, he continues to remain silent until he talk with that attorney, then makes a statement after being subject to an interrogation without one
Deliberate elicitation of confessions after right to counsel attaches is a 6th amendment violation
Patterson v. Illinois
A knowing and voluntary wavier of right to counsel after Miranda were given are valid under the Sixth Amendment
Prophylatic Rule - Michigan v. Jackson
If right to counsel attaches and is affirmed by suspect, police cannot speak with them, even with a waiver