6th Amendment Flashcards
What does the 6th Amendment provide?
- Provides a person who is formally accused of a crime the assitance of counsel during all critical stages of the adversarial process
- Requires testimonial evidence be subject to adversarial testing (Confrontation Clause)
What does the right to counsel encompass?
- The right to hire private counsel AND
- The right to be provided with counsel without charge if the accused is unable to afford counsel
What types of proceedings does the right to counsel apply?
In any case where the D is sentenced to incarceration
- Even if the sentence is suspended
When is the right to counsel applicable?
The right applies at all critical stages of proscution after formal proceedings have begun
- Right auto. attaches when the state initiates prosecution w/ an indictment or formal charge & ends at the sentencing stage of the trial
- D does not need to invoke the right
What is the definition of “Critical Stage”?
The proceedings b/w an indiv. & an agentof the state that amount to trial life confrontations, at which counsel would help the accused in coping w/ legal problems or meeting his adversary
- Right to counsel attaches at the following stages:
- Post-Indictment lineups & in-person ID
- Post-Indictment interr. (custodial or otherwise)
- Arraignment & prelim. hearing to determine PC to prosecute
- Plea bargaining, guilty pleas, sentencing
- Appeals as a matter of right
What are considered noncritical stages?
- Witness viewing photos of the alleged D
- Pre-charge (investigative) lineups
- Taking of fingerprints, handwriting exemplers, voice exemplers, blood samples
- Hearings to determine PC to detain the D
- Discretionary appeals
- Post-conviction proceedings (parole, probation)
Indigent Defendants
When right to counsel exists, an indigent D has the right to the appointment of counsel
- right doesn’t entitle indigent D to the appointment of counsel of his choosing
6th amend. right to counsel - Waiver
D has the right to refuse counsel and proceed pro se unless request is untimely or D is unable/unwilling to follow rules of procedure
- The 6th Amend. right to counsel can be waived so long as it’s voluntary, knowing and intelligent
- So, if D is given Miranda warnings and a valid waiver occurs, ev. obtained vol. from the inter. w/out presence of counsel is admiss.
What is the effect once the 6th amendment right to counsel is properly invoked ?
The right only applies to the specific offense at issue in those proceedings
- Blockburger Test - 2 dif. crimes in 1 crim. trans. are deemed to be the same offense for 6th amdn. purp. unless each requires proof of an element that the other doesn’t
- Compare to Miranda
- Unlike - req. for counsel to be present applies only to interr. about the offense charged
- Like Miranda - D may make a knowing & vol. waiver of the right to counsel being present
Remedy for Denial of Counsel - Effect on Conviction
D’s conviction is auto. reversed
- even w/out specific showing of unfairness
Remedy for Denial of COunsel - Effect on Guilty Plea
If D pleaded guilty at prelim. hearing, w/out being given the opp. to have counsel
- D has the right to w/draw the plea AND
- It can’t be used against the D as an evidentiary admission
Remedy for Denial of Counsel - Effect of Counsel at Nontrial Proceedings
Such as a Lineup
- Subject to harmless-error analysis
Remedy for Denial of Counsel - Admissibility of a Defendant’s Statements to Informants
Post-Indictment statements that a D makes to a police informant are inadmiss. when:
- the police intentionally create a situation likely to induce the D to incriminate himself w/out counsel
Remedies for Denial of Counsel - Exclusionary Rule Under the 6th Amendment
Fruits Doctrine
The fruit of the poisonous tree doctrine does NOT apply to violations of the 6th Amendment right to counsel
- Both statements & Physical Evidence obtained as a result of 6th Amend. viol. are inadmissible
Remedies for Denial of Counsel - Exclusionary Rule Under the 6th Amendment
Impeachment
If police initiate coversation with an accused indiv. who requested counsel - any Incriminating evidence obtained in violation of 6th amend. can be used for impeachment
