6th Amendment Flashcards
(11 cards)
What does the 6th Amendment say?
That there is a right to counsel in all criminal prosecutions
When does the 6th Amendment right attach?
The Sixth Amendment right to counsel, which is offense specific, attaches upon the initiation of formal criminal proceedings against a suspect.
Is it a 6A violation if the government uses a wire on a co-defendant to gather incriminating statements from the other defendant while counsel is not present?
Yes. The government may not deliberately elicit incriminating statements from a suspect on the crime charged without counsel.
Is it a 6A violation if the government deliberately elicits incriminating statements from a suspect about a crime that has not been charged while counsel is not present?
No, this is not a 6A violation. This right is offense specific, not generally applicable to all crimes.
How do officers get a 6A waiver?
Must be the intentional relinquishment of a known right or privilege.
Ex: If a suspect tells officers that they want to talk.
Can police seek a waiver after the suspects 6A rights have attached?
Yes, so long as it is knowing and voluntary.
Under the 6A, do the police have to tell you if there is a lawyer trying to reach you?
Yes. Even if the defendant does not know this, if a lawyer is trying to reach them and there is some obstruction by the police, the 6A has been violated.
Can 6A violative statements be used in the case in chief or impeachment?
No case in chief, but they can be used for impeachment.
What can be admitted under a 6A violation?
Nothing. Statements and physical evidence are excluded (fruit of the poison tree applies)
What does the 6A right provide for the defendant once the right is attached?
The police may not deliberately elicit an incriminating statement from a defendant without the defendant’s lawyer present
What types of interrogations does 6A apply to?
Direct, indirect, and secret interrogations (Massiah)
