6th Amendment Flashcards
When does the 6th Amendment attach?
This attaches when a person is formally charged (indicted/arraigned)
What is the purpose of the Miranda right to counsel?
This is different from the 6th amendment right to counsel. This right to counsel ensures that a suspect’s right to choose between silence and speech remains unfettered throughout the interrogation process.
Massiah v. United States (SCOTUS 1964)
This case held that once a person’s 6th amendment right to counsel has attached, the police cannot deliberately elicit incriminating statements from them without their attorney present.
In this case, the police tried to obtain information from the defendant by planting a tape, having his friend engage him, and recording what he said.
Brewer v. Williams (SCOTUS 1977)
This is the Christian burial speech case. A defendant has not waived his right to counsel if they consistently relied on the advice of their attorney in dealing with the police and subsequently speak during an interrogation.
In this case, the Court held that the defendant had not waived his 6th amendment right to counsel. Despite the fact that he ended up showing the police where he had brought his victim, he had consistently relied on the advice of his counsel in dealing with the police. This means he did not waive his right. The police interrogated him when they subjected him to the Christian burial speech because they knew this was reasonably certain to get him to speak.
Alabama v. Powell (1932)
This was the Scottsboro Boys case. It held that having an attorney who conducts no investigation means that a person does not have the right of counsel, and this violates the 14th amendment right to due process.
The dicta in this case held that counsel is essential because law people cannot represent themselves in criminal trials. They may have a perfect defense and not know it. They may have evidence illegally used against them. They may not be properly charged. This is true of intelligent people and unintelligent people alike.
Betts v. Brady (SCOTUS 1942)
This case held that the 6th amendment right to counsel was not incorporated, and so did not apply to the states.
Gideon v. Wainwright (SCOTUS 1963)
This case incorporated the right to counsel, famously holding that lawyers in criminal cases are necessities, not luxuries. Right to counsel is needed to ensure fair trials in the American adversarial system.
