📚 LAW SCHOOL & BAR EXAM PREP
Law school prep: https://studicata.com/get-started/law-school-prep/
Bar exam prep: https://studicata.com/get-started/bar-exam-prep/
🤝 CONNECT WITH YOUR INSTRUCTOR
Michael's Instagram: https://www.instagram.com/studicataguy/
❤️ COMMUNITY & REVIEWS
Community: https://studicata.com/groups/community
Testimonials: https://studicata.com/testimonials-and-reviews
Submit a review: https://shoutout.studicata.com
📱 TECH
iOS app: https://studicata.com/ios
Android app: https://studicata.com/android
📣 ABOUT
Studicata provides a fresher, more relatable way to prep for law school finals and the bar exam. With top-rated video lectures, exam walkthrough videos, outlines, study guides, strategy guides, essay practice exams, multiple-choice assessments, performance tracking, and more—Studicata has you covered with everything you need to ace your finals and pass the bar exam with confidence.
Email: [email protected]
Learn more: https://studicata.com
🎬 VIDEO INFO
How to Analyze 6th Amendment Right to Counsel on a Criminal Procedure Essay
SIXTH AMENDMENT RIGHT TO COUNSEL
The 6th Amendment guarantees a criminal defendant “the assistance of counsel for his defense.”
AUTOMATIC ATTACHMENT
Unlike the 5th Amendment right to counsel (https://youtu.be/y6wCFsLo8JA), the 6th Amendment right to counsel AUTOMATICALLY attaches at all critical stages of the prosecution once formal adversarial judicial proceedings have commenced (i.e., a formal charge or indictment).
"Critical Stages"
Critical stages of the prosecution include: a preliminary hearing to determine probable cause to prosecute the defendant, post-indictment lineups/in-person identifications, post-indictment interrogations, all parts of the trial process, plea bargaining process, guilty pleas, sentencing, and appeals as a matter of right.
Critical stages of the prosecution do NOT include: a preliminary hearing to determine probable cause to detain the defendant, pre-charge lineups, taking of fingerprints/DNA samples, discretionary appeals, and post-convictions proceedings (e.g., parole/probation hearings)
VIOLATION OF THE SIXTH AMENDMENT
Once a defendant’s right to counsel has attached, any attempts to deliberately elicit a statement from him in the absence of his attorney violates the 6th Amendment.
OFFENSE-SPECIFIC
However, the 6th Amendment right to counsel is offense-specific; meaning that it only applies to the offense that the defendant has been formally charged with. The police are free to question the defendant about unrelated offenses without his attorney present (expressly or through undercover means).
WAIVER
The 6th Amendment right to counsel is in effect once it automatically attaches UNLESS the defendant voluntarily, knowingly, and intelligently waives the right. The defendant must understand the nature of the right being waived and the consequences of waiving it.
INEFFECTIVE ASSISTANCE OF COUNSEL
In Strickland v. Washington, the Supreme Court has held that part of the 6th Amendment right to counsel is a right to effective assistance of counsel. If a convicted defendant can prove that he had ineffective assistance of counsel at trial, his conviction can be overturned. To prove ineffective assistance, a defendant must show: (1) That his trial lawyer’s performance fell below an objective standard of reasonableness; AND (2) A reasonable probability that the result of the proceeding would have been different BUT FOR his counsel’s unprofessional errors.
Learn more: https://studicata.com