6th Amendment Flashcards
When does right start?
The Sixth Amendment provides a defendant the right to counsel in criminal prosecutions. The right attaches when adversarial judicial proceedings have begun. If a defendant claims that his right to counsel was violated under the Sixth Amendment, the prosecution must show that there was a valid waiver of the right. It has not been held that the right to counsel exists at an initial appearance.
It has been held that the Sixth Amendment right to counsel is in place for post-charge line-ups. Moore v. Illinois, 434 U.S. 220 (1977). It has also been held that the Sixth Amendment right to counsel is in place for arraignment. Hamilton v. Alabama, 368 U.S. 52 (1961). See also Kirby v. Illinois, 406 U.S. 682 689 (1972) (Sixth Amendment right to counsel applies to line-up occurring “at or after the initiation of adversary judicial criminal proceedings - whether by way of formal charge, preliminary hearing, indictment, information, or arraignment.”)
How long does the right to counsel last?
B is correct. The prohibition against questioning a detainee after he has invoked his right to counsel lasts the entire time the detainee is in custody for interrogation purposes, plus 14 more days after the detainee has returned to his “normal life.” After returning to his “normal life,” the detainee can be questioned regarding the same matter upon receiving a fresh set of Miranda warnings. While in prison, returning back to the general population or one’s cell constitutes “normal life.” Maryland v. Shatzer, 559 U.S. 98 (2010). After an invocation of the right to remain silent is invoked, the right must be scrupulously honored and a significant time must have passed before questioning can resume.
Analysis
In this case, the man invoked his rights three years ago while he was being questioned by a different police department in a different town. Since then, the man has been in prison. The man is not in custody for the purpose of interrogation and has returned to his “normal life” (prison is his normal life) for more than 14 days. Therefore, the man is not still protected by his prior invocation and his statements should not be suppressed.
What is The 6th and 7th amendment for trial?
The Seventh Amendment provides that in suits at common law, the right of a trial by jury shall be guaranteed. This provision only applies to federal trials and has never been applicable to state trials. Federal Rule of Civil Procedure (FRCP) 38(a) provides that the right of a trial by jury as declared in the Seventh Amendment is preserved for the parties.
The Sixth Amendment provides: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed . . .” (emphasis added).
D is correct. If state law provides a right to a jury trial, then the contractor will be entitled to one. The right to a jury trial in civil cases pursuant to the Seventh Amendment has never been applicable to state trials. Because this action is in state court, the contractor will only be entitled to a jury trial if State B law so provides.
This is an incorrect statement of the law. The Sixth Amendment does, in fact, apply to the states. However, the Sixth Amendment right to a jury trial is inapplicable here because this is a civil case, and that Amendment only applies to criminal prosecutions.
B is incorrect. Although the Sixth Amendment does apply to the states, it only guarantees a jury trial in criminal prosecutions, not civil cases. Here, the contractor’s lawsuit is civil, not criminal, which means State B law regarding jury trials will govern.
C is incorrect. This answer is only partially correct. Although the Seventh Amendment does not apply to the states, this is not the end of the analysis. The Constitution in no way prohibits civil jury trials in state courts. State law regarding the right to a jury trial in civil cases will apply and may entitle the contractor to a jury trial
