6th Amendment Right to Counsel & Confront Witnesses Flashcards
What is the 6th Amendment?
The 6th Amendment guarantees the right to the assistance of counsel at all critical stages of a criminal proceeding once adversarial judicial proceedings have begun.
The 6th Amendment gives a defendant the right to confront witnesses against him at trial.
The 6th Amendment also preserves the right to a speedy trial.
What is required when a defendant invokes the Right to Counsel?
All interrogation questions must cease until counsel is provided or until the accused re-initiates questioning. If there is a break in custody (e.g., released back into general prison population), the police can again ask defendant to waive his Miranda rights after 14 days.
How does the Right to Confront witnesses apply to a co-defendant’s confession?
A co-defendant’s confession is admissible only if
(1) statements concerning the other party are redacted or
(2) the co–defendant is subject to cross-examination
When can an illegally obtained confession be admitted into evidence?
A statement obtained in violation of the right to counsel is admissible to impeach the defendant if he takes the stand.
Does the Right to Counsel apply to identification line-ups?
A defendant has a right to counsel for post-charge line-ups and show-ups, but not if the police simply show victim or witness photographs. There is also no right to counsel during the following stages: (1) blood samples; (2) handwriting samples; (3) pre-charge line-ups; (4) a brief recess during the defendant’s testimony; (5) parole and probation revocation hearings; and (6) fingerprinting.
When has the Right to a Speedy Trial been violated?
Factors considered include: (1) length of delay, (2) reason for delay, (3) whether defendant asserted his right, and (4) prejudice to the defendant.
The remedy for violation is dismissal with prejudice.
What is required to prove Ineffective Assistance of Counsel?
To prove ineffective assistance of counsel, the defendant must show (1) deficient performance by counsel and (2) but for the deficiency, the result of the proceeding would have been different.
When do informants violate the Sixth Amendment Right to Counsel?
Under the Sixth Amendment right to counsel at all post-charge stages, where:
(1) the government informant is paid or promised something or otherwise be acting as a government agent;
(2) the defendant has already been charged; and
(3) the informant actively asks questions designed to elicit statements regarding the charged crime
