6th Amendment Rights: Jury Trial, Confrontation & Counsel Flashcards
Sixth Amendment Rights
The Sixth Amendment guarantees:
1) right to jury trial for serious offenses (6 mos.+),
2) confront witnesses,
3) be present at trial, and
4) assistance of counsel
6th Amendment Right to Counsel
Applies in cases where incarceration is being imposed and applies at all critical stages of prosecution - right attaches when proceedings formally begin (usually first appearance).
Waiver must be voluntary, knowing, and intelligent
If denied counsel: convictions automatically reversed, guilty pleas may be withdrawn
Ineffective Assistance of Counsel Claims
Claimaint must show that counsel representation fell below the objective standards of reasonableness and that the deficient performance prejudiced the defendant (ex: costed defendnat an appeal)
Disagreements re strategy/trial tactics are not enough
Conflicts of interest may constitute ineffective assistance of counsel