6th Amendment Right to Counsel and Identification

Question 1

What is the 6th Amendment Right to Counsel?

Answer 1

Upon the start of criminal proceedings (i.e. arraignment or indictment), an individual is entitled to competent and effective representation of counsel for all critical stages of the proceeding.

Question 2

Is there a 6th Amendment right to counsel during a line-up identification?

Answer 2

It depends on when the line up occurs.

Pre-Indictment: No 6th Amendment right

Post-Indictment: 6th Amendment right applies

Question 3

Is there a 6th Amendment right to counsel for identification through photo arrays?

Answer 3

No, there is no 6th Amendment right, regardless of when he array occurs.

Question 4

Does the 6th Amendment allow an individual to chose their own state assigned attorney?

Answer 4

No

Question 5

Generally, how may an individual reverse a conviction on the ground of ineffective assistance of counsel?

Answer 5

To reverse a conviction on the ground of ineffective counsel, the claimant has the burden to show that

(i) Counsel’s representation fell below an objective standard of reasonableness, and

(ii) Counsel’s deficient performance prejudiced the defendant, resulting in the reasonable probability that the outcome would have been different.

Question 6

How can an individual overturn a conviction based on their attorney’s conflict of interest?

Answer 6

A defendant must show that

1) There was an actual conflict of interest; and

2) That such conflict adversely affected the attorney’s performance.