CRIM PRO - 6th Amendment Right to Counsel

Question 1

Sixth Amendment Foundational Statement

Answer 1

The Sixth Amendment provides that the accused shall have the assistance of counsel for his defense.

This includes:

1. The right to hire private counsel
2. The right to be provided with counsel without charge if the accused is unable to afford counsel.

Question 2

Right of representation for indigent defendant?

Answer 2

Right to free counsel must be explained to him before there can be a valid waiver.

The right to counsel does not guarantee a defendant the particular counsel of his or her choice.

Question 3

The 6th Amendment applies when?

Answer 3

Provides a right to counsel in all cases in which any amount of incarceration is possible, including juvenile proceedings if incarceration is possible.

Question 4

When does the 6th Amendment attach?

Answer 4

Only after formal charges have been made against the defendant (initiation of adversarial proceedings)

Question 5

Once the right to counsel attaches, the defendant has the right to have counsel when?

Answer 5

At all critical stages of the prosecution.

i.e.

Preliminary hearing 
Arraignment 
Initial appearance 
During the trial 
During the sentencing procedure

Question 6

Counsel is not required when?

Answer 6

Grand jury proceedings
Hearing solely to determine probable cause 
Bail review hearing 
Parole revocation hearing 
Discretionary appeal

Question 7

Right to Effective Assistance of Counsel

Answer 7

Is an extension of the 6th Amendment Right to Counsel.

One must be assisted by a reasonably competent attorney whose advice is within a reasonable range of competence.

Question 8

6th Amendment is satisfied when…

Answer 8

The adversarial criminal trial has been conducted. , even if defense counsel may have made demonstrable errors.

Question 9

What is required for the accused to waive the right to counsel?

Answer 9

The 6th Amendment guarantees the right of a D to proceed pro se; however, before doing so, the accused must, make a knowing, intelligent and voluntary waiver.

Trial court must inform the accused of:

1. the nature of the charges against him
2. his right to be counseled regarding his plea
3. the range of allowable punishments

Trial court may also appoint standby counsel to assist the D.

Question 10

If the defendant’s right to counsel has been denied, what is the affect on conviction or guilty plea?

Answer 10

If the D’s right to counsel is denied, the conviction must be reversed.

Question 11

If the D’s right to counsel has been denied, what is the affect on admissibility of statements or conduct?

Answer 11

Inadmissible.