6th Amendment Rights: Jury Trial, Confrontation & Counsel

Question 1

Sixth Amendment Rights

Answer 1

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

Question 2

6th Amendment Right to Counsel

Answer 2

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If denied counsel: convictions automatically reversed, guilty pleas may be withdrawn

Question 3

Ineffective Assistance of Counsel Claims

Answer 3

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