Crim Pro Flashcards
6th A: Rt to Counsel
The 6th A Rt to counsel applies to all felony and misdemeanor cases in which incarceration is imposed. The right attaches when formal charges are brought, and applies until the end of the sentencing process. Once a suspect’s 6th A rt to counsel has attached, any attempts to deliberately elicit statements from the suspect in the absence of his attorney violate the 6th A. The right is offense-specific, meaning that the police may continue to question on other offenses, even those that are factually related to the charge offense. Statements and physical evidence obtained by violating this right are inadmissible.
Rt to Counsel under Miranda
A suspect subject to custodial interrogation has a right to consult with counsel and to have an attorney present during questioning. If a suspect invokes his Miranda right to counsel, the interrogation must cease. If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and voluntarily waived. To invoke the right to counsel, the suspect’s request must be unambiguous. This requirement has been interpreted strictly; a reasonable officer must understand it as requires for counsel. Otherwise, police are not required to stop the interrogation.
Waiver of Miranda Rts
An actual waiver occurs when a suspect has made the waiver knowingly, intelligently, and voluntarily. A waiver can be implied based on the suspect’s words and actions. To determine if a waiver has occurred, a court will examine the totality of the circumstances, including whether the suspect initiated the statement. Events occurring outside of the presence of the suspect and entirely unknown to him have no bearing on the suspect’s capacity to comprehend and knowingly relinquish a constitutional right.
