Sixth Amendment Right to Counsel Flashcards

1
Q

At what stages of the criminal process does the right to counsel attach?

A

After adversarial judicial proceedings have commenced

During all “critical stages” of the criminal process

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2
Q

What standards govern a waiver of the right to counsel?

A

knowingly, intelligently, and voluntarily

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3
Q

Does an indigent D have the right to appointed counsel of his own choice?

A

Ds should be afforded a fair opportunity to secure counsel of their own choice.

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4
Q

6th Amend right to counsel analysis

A
  1. Had adversarial criminal proceedings begin?
  2. Did D invoke the right or waive the right?
  3. Exceptions
  4. Remedies
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5
Q

Formal adversarial proceeings

A

indictment
arraignment
first court date
all the way through trial

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6
Q

To what kinds of cases does this right apply?

A

felonies
misdemeanor if D faces ANY imprisonment

In CA, in all misdemeanor cases too

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7
Q

Once right invoked, when may police question?

A

attorney present
voluntary waiver
if D goes to cops to talk
if cops are seeking a waiver AND, if in custody, cops Mirandize

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8
Q

effective/ valid waiver standard

A

knowingly, intelligently, volintarily

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9
Q

Burden to prove effective waiver

A

on the state to prove “an intentional relinquishment of a known right or privilege”

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10
Q

When may statements in violation of 6th amend be admitted at trial?

A

for impeachment, unless coerced

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11
Q

2 Exceptions to waiver requirement

A
  1. where police intentionally misrepresent that charges have not been filed, the statements must be suppressed
  2. A Miranda advisement and waiver of rights post-arraignment suffices to demonstrate a waiver of the 6th amendment right to counsel
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12
Q

When can secret agent confessions be admitted?

A

When they are passive agents

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13
Q

Passive agent

A

Did the informant ask questions or only listen to the suspects “spontaneous and unsolicited” statements”?

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14
Q

When are confessions made to secret agents NOT allowed

A

When agents actively seek to elicit statements

If agents created a situation “likely to induce” incriminating statements

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15
Q

difference between Miranda (5th amend right) and 6th amend

A

a. time right is triggered
b. custody status
c. how incriminating statement is elicited
d. crimes
e. when cops can question D after asserting right to counsel
f. undercover agents

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16
Q

time right is triggered (5th Amend)

A

during custodial interrogation

17
Q

time right is triggered (6th Amend)

A

after formal charges have been brought

18
Q

custody status (6th Amend)

A

anytime, whether in or out of custody

19
Q

Custody status (5th Amend)

A

while in custody only

20
Q

how incriminating statement is elicited (5th Amend)

A

negligence standard

21
Q

how incriminating statement is elicited (6th Amend)

A

applies only when DELIBERATE elicitation from accused

22
Q

crimes (5th Amend)

A

not crime specific

23
Q

crimes (6th Amend)

A

crime specific

24
Q

When can police ask D about other crimes after D has invoked 6th Amend right to counsel?

A
  1. if formal charges have not been brought
  2. if to elicit incriminating statements, must give second set of Miranda warnings
  3. 5th Amend rights MAY apply if D is in custody
25
Q

When can cops question D after asserting 5th Amend right to counsel?

A

Can’t unless 14 days have passed AND reMirandized

26
Q

When can cops question D after asserting 6th Amend right to counsel?

A

Can, if about unrelated crime

27
Q

undercover agent (5th amend)

A

if deliberate eliciting statement from D, Miranda waiver is needed

28
Q

undercover agent (6th amend)

A

waiver never needed