Sixth Amendment -- Generally Flashcards
What does the 6 A protect against?
The 6 A states that in all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defense.
When does the 6 A attach?
An accused D’s right to counsel attaches AUTOMATICALLY to a criminal prosecution with the initiation of adversarial judicial proceedings.
Adverserial judicial proceedings begin when there is an arraignment.
Pursuant to the 6 A when does the D have a right to PRESENCE of counsel?
During all critical changes.
No right to atty during a photo array or HC.
Once adversarial judicial proceedings have begun, can the police deliberately elicit a statement from the defendant in the absence of his counsel?
No,
Police cannot deliberately elicit a statement from a D in the absence of his counsel after formal adversarial proceeings.
What is considered a deliberate initiation/elicitation of a statement?
Can look at the subjective intent of the officer.
Unsolicited and spontaneous statements made the D are okay and not a violation.
What are the critical stages?
Interrogation.
Line ups and Show ups are NOT critical stages.
Is the 6 A crime specific?
Yes unlike the 5 A, the 6 A attaches only to the offense that the defendant is charged with OR offenses that are the same pursuant to the BLOCKBURGER test.
What is the Blockburger test?
Establishes that an offense is the same only where the elements of one offense are necessarily included in the other.
If so, then double jeopardy applies and cannot prosecute for the same crime.
When does a D waive their 6 A right?
6 A right to counsel can only be INTENTIONALLY RELINQUISHED.
When can police talk to D w/o counsel present after 6 A attaches?
They can interrogate the defendant who is represented by counsel without violating 6 A rights, so long as there is a valid MIRANDA waiver.
Can statements deliberately elicited by a jail cell informant be used?
No, this violates the 6 A .
However, they can simply listen.
