6th Amendment Flashcards
(14 cards)
What does the 6th Amendment guarantee for a criminal defendant?
The assistance of counsel for his defense
This right is crucial for ensuring fair legal representation.
When does the 6th Amendment right to counsel automatically attach?
At all critical stages of the prosecution once formal adversarial judicial proceedings have commenced
This includes events such as formal charges or indictments.
List four critical stages of the prosecution where the 6th Amendment applies.
- Preliminary hearing to determine probable cause
- Post-indictment lineups/in-person identifications
- All parts of the trial process
- Sentencing
What are some stages that do NOT qualify as critical stages under the 6th Amendment?
- Preliminary hearing to determine probable cause to detain
- Pre-charge lineups
- Taking of fingerprints/DNA samples
- Discretionary appeals
What happens if a defendant’s right to counsel is violated during critical stages?
Any attempts to deliberately elicit a statement from him in the absence of his attorney violate the 6th Amendment
This could lead to the exclusion of evidence obtained during such violations.
What does ‘offense-specific’ mean in relation to the 6th Amendment right to counsel?
It only applies to the offense that the defendant has been formally charged with
Police may question the defendant about unrelated offenses without his attorney present.
What is required for a defendant to waive the 6th Amendment right to counsel?
The waiver must be voluntary, knowing, and intelligent
The defendant must understand the nature of the right being waived and the consequences.
What case established the right to effective assistance of counsel under the 6th Amendment?
Strickland v. Washington
This case set the standard for evaluating claims of ineffective assistance.
What must a defendant prove to claim ineffective assistance of counsel?
- Trial lawyer’s performance fell below an objective standard of reasonableness
- A reasonable probability that the result would have been different but for counsel’s errors
What are the three main types of identification procedures?
- Photo Arrays
- Pre-Indictment Lineups
- Post-Indictment Lineups
Does a defendant have the right to counsel present during a pre-indictment lineup?
No
The 6th Amendment does not provide this right during pre-indictment procedures.
What happens if a defendant’s 6th Amendment right is violated during a post-indictment lineup?
Evidence of the identification must be excluded
This protects the integrity of the legal process.
What can happen if a lineup is deemed impermissibly suggestive?
The court can exclude the evidence of it
However, the witness may still identify the defendant in court if certain conditions are met.
does a grand jury witness have a consitutional right to counsel in a grand jury room
No
