Essay issues - 6th A

Question 1

6th amendment

Answer 1

The 6th amendment right to counsel automatically attaches once the defendant is formally charged, and it applies to all critical stages of prosecution.

Question 2

Offense specific

Answer 2

The 6th amendment does not prevent the police from questioning the defendant about unrelated offenses.

Question 3

Waiver of 6th amendment

Answer 3

If a defendant waives his 6th amendment right to counsel, it must be knowing and voluntary.

Question 4

Police lineup - 6th amendment

Answer 4

The 6th amendment right to counsel applies to post-charge police lineups.

Question 5

Police line up - Due process clause

Answer 5

Under the due process clause (applicable to the states via 14th amendment OR applicable to the federal government via 5th amendment), police lineups must not be conducted in a manner that is unnecessarily suggestive or provides a substantial likelihood of misidentification.

Question 6

Defendant’s right to testify - Due process clause

Answer 6

A defendant has a constitutional right to testify under the Due Process Clause and to present evidence on his own behalf.

Question 7

6th amendment right to self representation

Answer 7

A defendant has the constitutional right to refuse counsel and proceed pro se at trial, unless the request is untimely or the defendant is too incompetent to represent himself.

Timing
Competence - To be competent, the defendant must understand the nature and consequences of the proceedings. However, a defendant who is competent to stand trial may nevertheless be found incompetent to represent himself.