crim pro - 6th Amendment.txt
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6th Am Right to counsel?
- Right to assistance of counsel in all critical stages of criminal prosecution after judicial proceedings have begun.
- Attaches upon indictment.
When don't you have the 6th Am right to counsel?
- 1) photo ID [via photographs]
- 2) No RTC for inadvertent viewing of the suspect
- 2) taking physical evidence [blood, handwriting]
- 3) parole and probation revocation proceedings
- 4) post-conviction proceedings
Denial of a RTC for Identification procedures?
- 1) 6th Am RTC applies to post-charge line-ups and show-ups (1 on 1)
- 2) No RTC for a pre-charge lineup
- 3) Violates 14th Am DP if lineup is: 1) unnecessarily suggestive and 2) substantially likely to produce a misidentification
Remedy for constitutional violation for a pre-trial ID?
- Exclude the identification unless: govt had an INDEPENDENT SOURCE for the in-court identification.
- Most common independent source: ample opportunity for victim to look at the guy at the time of the crime.
Scope of 6th Am RTC?
offense-specific: not required for unrelated, uncharged offenses
Waiver of 6th Am RTC?
Must be knowing, voluntary, and intelligent
Right to effective assistance of counsel
- 1) effective counsel presumed
- 2) ineffective assistance shown by deficient performance and, but for deficient performance, result would have been different
6th Am right to speedy trial
- Attaches once D is arrested or charged.
- Totality of the circumstances
- 1) length of delay
- 2) reason for delay
- 3) whether D asserted his right
- 4) prejudice to D
6th Am right to jury trial
applies to serious offenses - imprisonment for 6 months+
6th Am guilty pleas, what requirements?
- 1) must be voluntary and intelligent
- 2) judge must address D personally, on the record, in open court
- 3) judge must be aware D knows and understands:
- ------a) nature of the charge,
- ------b) maximum penalty,
- ------c) mandatory minimum,
- ------d) right to plead not guilty
6th Am number and selection of jurors
- 1) right to have at least 6 jurors
- 2) right to have jury selected from representative cross-section of hte community. violated if there is an underrepresented group of a distinct and numerically significant group
- 3) peremptory challenges to exclude jurors on the basis of race or gender violates EPC
Death Penalty - jury's bias?
Jury's view must not prevent or substantially impair ability to perform duties
- Sentence enhancement facts must be submitted to the jury and proved beyond a reasonable doubt
- jury trial right violated if judges make determination
Right to confront witnesses
right not absolute when important public purpose or to remove a disruptive defendant
Joint trial, co-defendant's confession?
- Cannot be admitted unless
- 1) portions referring to the other defendant are redacted
- 2) confessing defendant takes the stand and submits to cross-exam, or
- 3) confession of the co-defendant is used to rebut the defendant's claims that his confession was involuntarily obtained
Prior testimonial evidence, admissible?
- Inadmissible unless D is unavailable, and D had an opportunity to cross-examine the declarant
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