Crim Pro-Sixth Amendment Flashcards
What are the basic 6th amendment rights
speedy trial; public trial; jury trial (if demanded); impartial jury; indictment or formal notice of charges; face-to-face confrontation and cross examination of witnesses against D; rt to compel testimony of witnesses in D’s favor; IMPORTANT, the right to counsel of his choice or in many circumstances appointed counsel if D cannot afford own.
What is the 6th amendment guarantee of rt to counsel?
The 6th amendment guarantees the defendant be afforded the right to representation of counsel in all criminal proceedings. The right does not attach until formal charges have been brought. Once formal charges have been brought, D entitled to counsel at all critical stages of the proceedings. If counsel is not provided or not present (absent waiver), then any statements D makes during critical stages are not admissible in Gov’ts case in chief.
When is D entitled to a court appointed counsel?
If D is facing possibility of imprisonment, however brief. If, however, D not offered counsel, then he cannot be sentenced to prison. It is the penalty actually imposed not potential penalty that governs right to counsel.
Does D have a rt to effective counsel?
Yes, that is inherent in the 6th amendment rt to counsel
Can the right to counsel be waived?
Yes, can be knowingly, intelligently, and voluntarily waived.
What counts as a critical stage of the proceeding?
Basically, once formal charges have been made (tho see 5th amendment re custodial interrogation). Custodial interrogation (see 5th amendment deck); post-indictment line ups; preliminary hearing; arraignment; felony trials; psych exam where the issue of sanity is vital to defense or where death penalty is possibility; sentencing; appeals as of right.
What are non-critical stages of the proceedings?
Prelininary booking or identification proceedings such as finger printing, mug shots, taking of hair, blood, handwriting, showing of a photo spread to wiensess; no adversarial dentition determination; grand jury proceedings; probation and parole revocation; discretionary appeals; Habeeas proceedings (they are civil).
What collateral rights does right to counsel carry with it?
Free transcript of preliminary hearing; free transcript of all trial proceedings where necessary for appeal of righ. Access to psychiatrist where insanity is defense or death penalty possibility. Access to law library in habeus matters (tho no rt to counsel here – just an independent right).
What is the 6th amendment right to a speedy trial?
D’s right to a speedy trial. Must be asserted or Can be deemed waived. Clock begins to run when D is formally accused. D’s dilatory tactics will not be counted. Institutional delay not counted. G delay tactics counted
What about right to jury and if inked, an impartial jury?
D must assert rt to jury or deemed waived. If asserted, right to impartial jury. D can demand only in cases where faces possibility of 6 mos imprisonment, regardless of what actually receives (which is different from rt to counsel). Jury must be representative of the community.
