6th Amendment Flashcards
6th Amendment Right to Counsel
The Sixth Amendment right to counsel applies to all “critical stages” after formal charges have been filed. For instance, a criminal D has a Sixth Amendment right to counsel after the issuance of an indictment or arraignment, at a preliminary hearing, at any post charge line up or show up, at a post charge interrogation, felony trials, sentencing, and in several other instances.
1) However, a D has no right to counsel at any pre-charge line up or show up, when the police take the D’s fingerprints or a blood sample, or anytime the police conduct a photo display as there are NOT critical stages when the accused requires aid in coping with legal problems.
2) The Sixth Amendment right to counsel is violated when the police “deliberately elicit” incriminating statements from the D. The police must take some action beyond mere listening, that was designed deliberately to elicit incriminating remarks. The primary concern of the Sixth Amendment’s right to counsel is secret interrogation by techniques that are the equivalent of direct police questioning.
3) The Sixth Amendment guarantees a criminal D, who does not require appointed counsel, the right to secure counsel of his own choice.
Confrontation Clause
The Sixth Amendment affords a criminal D the right to confront any adverse witnesses against him. Thus, the D must have the opportunity to cross examine any witness who gives testimonial evidence.
1) Statements are testimonial when its primary purpose is to prove past criminal acts e.g. testimony at a preliminary hearing, testimony before a grand jury, police interrogations. Statements are NOT testimonial when the primary purpose is to enable the police to meet an ongoing emergency e.g. 911 calls.
2) The confrontation clause is often implicated in co-D confessions. The reason stems from the fact that each D has a Sixth Amendment right of confrontation, at the same time, each has a Fifth Amendment privilege against self-incrimination. Thus, in a joint trial, one D cannot force the other D to take the stand.
3) However, the prosecution may introduce a co-D’s confession if the statements concerning the other D are redacted or if the co-D testifies and is subject to cross examination. The redaction must NOT implicate the other D in any way and must NOT indicate the D’s involvement in the crime. If that’s not possible, then the court must sever the trial.
Motion for a Separate Trial
If a joint trial appears to prejudice a D , the court may order separate trials or provide any other relief that justice requires. The question whether to grant a severance is left within the discretion of the trial court.
6th Amendment Right to a Speedy Trial
The Sixth Amendment gives a criminal D the right to speedy trial. In order to determine whether a D’s constitutional right to a speedy trial has been violated, a court will consider the following factors: 1) the length of delay 2) the reason for the delay 3) whether the D has objected to the delay AND 4) any prejudice suffered by the D such as the loss of evidence or witnesses or prolonged incarceration.
1) The right to a speedy trial attaches when the D has been arrested or charged. If a D’s speedy trial right is violated, the court should dismiss the case with prejudice.
2) The purpose of this right is to prevent oppressive incarceration prior to trial and to minimize anxiety.
Guilty Pleas
Before the court accept a plea of guilty, the court must address the D in open court and inform him: 1) that he has the right to plead not guilty 2) that he has the right to a jury trial 3) of the maximum possible sentence AND 4) of any mandatory minimum penalty.
1) Furthermore, the court must determine that the D understands these rights and that the plea is voluntary and intelligent.
Defendant’s Right to Testify
Criminal D have a constitutional right to testify on their own behalf. The right is found in several provisions of the Constitution. It is one of the rights that are essential to a fair adversary process. The right to testify on one’s own behalf is a fundamental constitutional right and the D has the ultimate authority to make this important tactical decision.
Right to Self Representation
Under the Sixth Amendment, a criminal D has the right to represent himself at trial and may proceed without counsel when the “voluntarily and intelligently” elects to do so. This constitutional provision protects Ds from having counsel forced upon them.
1) The right of self-representation is NOT absolute. The judge may deny the D’s request for self-representation if: 1) the D is incompetent to defend himself OR 2) the request is untimely 3) the court may even appoint standby counsel.
2) The improper denial of a request for self-representation results in an automatic reversal of any conviction.
Right to Self-Representation - Competent
Defendant Must be Competent:
A D may be competent to stand trial, but incompetent to represent himself. A D is competent to stand trial if he has the capacity to understand the nature of the proceedings against him and the ability to assist his lawyer in preparing a defense.
Right to Self-Representation - Request Must be Timely
A D must assert his right to self-representation in a timely fashion. The request must be made before trial and it must be early enough so that it does NOT unduly delay the proceedings.
Standby Counsel
The court may, even over the D’s objection, appoint standby counsel. The lawyer’s role in this situation is limited to assist the D if he needs help. The D retains control over the case and must be given the chance to present the case in his own way.
