Sixth Amendment

Question 1

When does the Sixth Amendment attach?

Answer 1

The sixth amendment is implicated after formal adversarial hearings have begun, this is usually when a defendant is charged with a crime.

Question 2

Sixth Amendment rights

Answer 2

Defendants have a right to counsel at all critical stages of a criminal proceeding. These may include an Initial hearing to determine right to bail; Preliminary hearing; Arraignment; Felony trial; Interrogations after charging; Misdemeanor trial where jail can be imposed; and Sentencing hearings.

Question 3

Lineups

Answer 3

No counsel is required for lineups before a defendant charged but is required after charging. There is also no right to counsel for photo arrays.

Question 4

Sixth Amendment & Interrogations

Answer 4

Once attached, police cannot question a defendant about the crime for which they’ve been charged without a lawyer present unless there is a knowing and intelligent waiver. The police can ask about other crimes that they aren’t charged with at the time.