6th Amendment

Question 1

6th Amendment

Answer 1

Prevents elicitation of incriminating statements by government after formal charge

Question 2

6th Amendment Right to Counsel

Answer 2

Automatic, attaches once charges have been filed and at all subsequent stages

Question 3

Scope of 6th Amendment

Answer 3

Offense specific – police can question D about any other crime without violating 6th Am rights

Question 4

To establish ineffective assistance of counsel, D must show..

Answer 4

Reasonable probability that trial outcome would have been different absent counsel’s deficient performance

Question 5

Right to counsel

Answer 5

at any post-charge, in-person lineup or showup

Question 6

Right to self representation

Answer 6

Available to D as long the waiver is voluntary; judge must consider D’s waiver to be knowingly and intelligently and competent

Question 7

Right to jury trial

Answer 7

For serious offenses, D has a right to be present for all critical stages

Question 8

Jury size requirements

Answer 8

6 jurors

Question 9

Jury verdict requirement

Answer 9

unanimous verdict required for all serious offenses

Question 10

Right to impartial jury

Answer 10

D can question potential jurors on possible prejudices if relevant to the case

Question 11

Requirements for valid plea bargain

Answer 11

(1) voluntary and intelligently made
(2) D understands the following
(a)nature of charge and critical elements
(b)maximum authorized penalty + any mandatory
sentence
(c)that D has a right to plead not guilty
(d)that D is waiving right to jury trial