Sixth Amendment Right to Counsel, Confessions

Question 1

Voluntary Confession

Answer 1

Knowing and INTELLIGENT waiver of miranda rights.

Unless there is evidence of COERCION, the statements are going to be admissible.

Question 2

Is Miranda crime specific?

Answer 2

NO! Under the 5th, you invoke your right to counsel, all questioning for all crimes stop.

Question 3

6th Amendment Right to Counsel Offense Specific?

Answer 3

YES!!

Question 4

Questioning by an Informant

Answer 4

Rights under Miranda the 5th were not violated because the defendant was questioned by an informant who the defendant did not know was working for the police. Therefore, there was no coercive interrogation in violation of the Fifth Amendment.

Question 5

6th Amendment right to counsel: Once you are indicted, do you have to invoke again?

Answer 5

NO! It is in effect unless you voluntarily waive that right.

Any conversations or proceedings involving D must take place in the presence of D’s counsel, unless D has knowingly and intelligently waived that fact.

However, statements made in violation of this CAN come in TO IMPEACH a prior inconsistent statement!