SIXTH AMENDMENT Flashcards
Right to Assistance of Counsel
The Sixth Amendment provides that the defendant has the right to counsel in all criminal prosecutions. The right attaches automatically once formal adversarial judicial proceedings have begun and remains throughout all critical stages of prosecution, ending at the sentencing stage. After being formally charged, and absent waiver, the police cannot deliberately elicit information without an attorney present.
Exclusionary Rule and Sixth Amendment
The Sixth Amendment is subject to the fruit of the poisonous tree consequences, unless a violation falls within one of the exceptions to the Exclusionary Rule. If none of the exceptions apply, the statements obtained unlawfully as well as the derivative evidence will be excluded.
Offense Specific
The Sixth Amendment applies to the specific offenses that the defendant has been formally charged with. Police may still question the defendant about unrelated offenses even if his attorney is not present.
Ineffective Assistance of Counsel
The defendant may appeal his case on the basis of ineffective assistance of counsel. The defendant must demonstrate that his counsel’s assistance was inadequate, and but for the inadequate assistance, the trial would have produced a different result. If the defendant successfully demonstrates ineffective assistance of counsel, his conviction is reversed, and he is entitled to a new trial.
Waiver
A defendant may validly waive his sixth amendment rights if the waiver is (1) knowingly and intelligently made and (2) voluntary
Pro Se - a defendant may waive his right to counsel and proceed pro se if the waiver is (1) knowingly and intelligently made and (2) voluntary
Right to a Speedy Trial
The Sixth Amendment provides that the defendant has a right to a speedy trial
Balancing Test - Whether a defendant received a speedy trial is determined by the following factors: (i) length of the delay, (ii) reason for the delay, (iii) whether the defendant objected to the delay, and (iv) prejudice to the defendant
Right to a Jury Trial
The Sixth Amendment provides the defendants charged wit serious offenses that carry potential sentences of incarceration for more than six months have a right to a jury trial. There must be at least six jurors to satisfy the right to a jury trial.
Right to Testify
The Sixth Amendment provides that a defendant has a right to testify at his own trial.
Right to Confront Witnesses - Confrontation Clause
The Sixth Amendment provides a defendant the right to confront all witnesses who are testifying against him in a criminal trial. The right encompasses being present at the trial as well as the right to cross-examine the adverse witnesses.
