6th Amendment Right to Counsel

Question 1

Difference between 6th Amendment Right and Miranda Right

Answer 1

Miranda is for “suspects” whereas 6th Amendment right is for those that are “formally accused.”

Question 2

Massiah (Deliberate Elicitation - in jail cell after he’d been indicted - different from perkins)

Answer 2

It is a 6th Amendment violation when government agents, in the absence of defense counsel, deliberately elicit incriminating information from a person against whom adversary judicial proceedings have commenced.

Question 3

Brewer (6th Amendment Interrogation)

Answer 3

Police cannot interrogate a DFT represented by known counsel after a refusal to speak without the presence of his attorney

Question 4

Cobb (6th Amendment Specificity)

Answer 4

6th Amend right to counsel is offense specific and does not extend to crimes that are factually related to a charged offense.