Judicial Proceedings Before Trial
Even a preliminary hearing where no government prosecutor is present can trigger the right to counsel.5 Footnote Rothgery v. Gillespie County, 128 S. Ct. 2578 (2008) (right to appointed counsel attaches even if no public prosecutor, as distinct from a police officer, is aware of that initial proceeding or involved in its conduct). “[A] criminal def...
Custodial Interrogation
At first, the Court followed the rule of “fundamental fairness,” assessing whether under all the circumstances a defendant was so prejudiced by the denial of access to counsel that his subsequent trial was tainted.14 Footnote Crooker v. California, 357 U.S. 433 (1958) (five-to-four decision); Cicenia v. Lagay, 357 U.S. 504 (1958) (five-to-three). I...
Lineups and Other Identification Situations
The concept of the “critical stage” was again expanded and its rationale formulated in United States v. Wade ,38 Footnote 388 U.S. 218 (1967). which, with Gilbert v. California ,39 Footnote 388 U.S. 263 (1967). held that lineups are a critical stage and that in-court identification of defendants based on out-of-court lineups or show-ups without the...
Post-Conviction Proceedings
The right to counsel under the Sixth Amendment applies to “criminal prosecutions,” a restriction that limits its scope but does not exhaust all constitutional rights to representation in adversarial contexts associated with the criminal justice process. The Sixth Amendment requires counsel at the sentencing stage,54 Footnote Townsend v. Burke, 334 ...
Does the Sixth Amendment apply to criminal prosecutions?
The right to counsel under the Sixth Amendment applies to “criminal prosecutions,” a restriction that limits its scope but does not exhaust all constitutional rights to representation in adversarial contexts associated with the criminal justice process. The Sixth Amendment requires counsel at the sentencing stage, 54 372 U.S. 335 (1963).
When does the Sixth Amendment become operative?
The Sixth Amendment does not become operative, explained Justice Stewart’s plurality opinion, until “tthe initiation of adversary judicial criminal proceedings—whether by way of formal charge, preliminary hearings, indictment, information, or arraignment. . . . The initiation of judicial criminal proceedings is far from a mere formalism.
What is the purpose of the Sixth Amendment?
Jackson emphasized that the purpose of the Sixth Amendment is to 'pprotec [t] the unaided layman at critical confrontations with his adversary,' by giving him 'the right to rely on counsel as a medium between him [self] and the State.' . . .
What rights do criminal defendants have?
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.