Sixth Amendment Rights Flashcards
6th Amendment Right to Counsel
• Under the 6th Amendment of the U.S. Constitution, the accused has the right to counsel in all criminal prosecutions (except State misdemeanor prosecutions that do not carry a risk of jail time). The right to counsel attaches once formal adversarial judicial proceedings have been commenced (i.e. formal charge, preliminary hearing, indictment, or arraignment).
o The 6th Amendment right to counsel is offense- specific. Thus, it only applies to the offenses the defendant has formally been charged with, and DOES NOT prevent the police from questioning the defendant about unrelated offenses without an attorney. Once a suspect’s right to counsel has attached, any attempts to deliberately elicit statements from him in the absence of his attorney violate the 6th Amendment.
6th Amendment Right to EFFECTIVE ASSISTANCE of Counsel
The 6th Amendment also includes the right to have effective assistance of counsel, which includes the effective aid in the preparation and trial of the case. In order to prove ineffective assistance of counsel in violation of the Sixth Amendment, the defendant must show that: (1) his counsel’s performance was deficient; AND (2) but for the counsel’s errors, the result of the trial would have been different. If ineffective assistance of counsel is shown at trial, then the verdict must be reversed and the defendant is entitled to a new trial.
Waiver of 6th Amendment Right to Counsel
The 6th Amendment right to counsel may be waived. A valid waiver must be: (1) voluntary (it is the product of the defendant’s free will); AND (2) knowing and intelligent (the defendant must understand the nature of the right being waived and the consequences for waiving it).
Right to Testify
Under the 6th Amendment of the U.S. Constitution, a defendant has the right to testify on his own behalf.
Right to Self-Representation
Under the 6th Amendment of the U.S. Constitution, a defendant has the right to right to represent himself at trial. HOWEVER, the right must be assumed knowingly AND intelligently. A judge may deny the right to self- representation if the defendant: (a) lacks the competence to stand trial; OR (b) validly waives the right to counsel.
Right to Speedy Trial
Under the 6th Amendment of the U.S. Constitution, a defendant has the right to a speedy trial. To determine whether this right was violated, a court will consider the following: (1) the reason for the delay; (2) whether the defendant objected to the delay; (3) the length of the delay; and (4) any prejudice the defendant suffered.
