Sixth Amendment Right to Counsel

Question 1

Does Sixth Amendment right to counsel apply to all offenses?

Answer 1

No, right to counsel is offense-specific

Question 2

When is right to counsel triggered

Answer 2

Sixth Amendment right to counsel is triggered by the initiation of the formal adversarial process, that may include:
-formal charges
-indictment
-arraignment
-preliminary hearing

Question 3

During which phases of process does right to counsel apply

Answer 3

Sixth amendment right to counsel exists during all critical steps of the adversarial process, including:
-deliberate elicitation of statements
-physical lineup
-preliminary hearing
-trial

Question 4

When are statements obtained by police inadmissible

Answer 4

Any statement obtained by police from defendant related to the crime with which they are formally charged is inadmissible unless:
1. D’s lawyer was present
2. D executed a knowing and voluntary waiver of 6th A rights

Question 5

When is counsel required pursuant to an identification

Answer 5

An out-of-court corporeal identification is a critical stage in the adversarial process and D cannot be subjected to it without counsel present

Question 6

What are limitations regarding right to counsel and identifications

Answer 6

Right to counsel is applicable only to
1. corporeal identifications
2. after initiation of formal adversarial process

Question 7

What are consequences of identification in violation of 6th Amendment

Answer 7

If police conduct a corporeal lineup in violation of the 6th A:
1. results are per se inadmissible at trial
2. witness is prohibited from making a subsequent in-court Id of D unless the prosecution can prove by clear and convincing evidence that the in-court ID is independent from the inadmissible out-of-court ID