Mod 7: The 6th Amendment

Array

list of potential jury members.

T/F: Like the Fifth Amendment, the Sixth Amendment is not frequently cited in prisoners' rights lawsuits.

True

T/F: Federal Juries must reach a unanimous vote for a conviction?

True

Effective counsel

"The proper measure of attorney performance remains simply reasonableness under prevailing professional norms...The benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result."

A defendant may seek a change of venue for several reasons:

(1) publicity or emotion in the community that may affect the trial. (2) a different location may be convenient for the prosecution, defense, and witnesses than the place where the crime occurred, (3) the interests of justice require a transfer of the trial location. (Ferdico, Fradella, & Totten, 2009) Such prejudice in the county where the case is to be tried that the defendant cannot obtain a fair and impartial trial there. Another location is much more convenient for the parties and witness than the intended place of trial, and the interests of justice require a transfer of location.

The difference between the right to an attorney provided in the 5th Amendment and the 6th Amendment

*6th Amendment "right to counsel" attaches upon charges being formally filed *Purpose is to ensure fairness *No exceptions *5th Amendment "right to an attorney" attaches upon custodial interrogation ("not free to leave") *Purpose is to address coercive atmosphere *Some exceptions

Incorporation

*6th Amendment applies only to the Federal Government *But, it was incorporated through the 14th Amendment as a "fundamental right"

To have the Assistance of Counsel for a defense grants what?

*At critical stages of the trial *When charged *During questioning *Pre-trial Show-ups or Line-ups *At hearings, trials, and appeals *Due process right *Ensures fairness in the process

Duncan v. Louisiana and the right to jury trial in the states

*Duncan was convicted of simple battery after a trial without a jury. *On conviction, his penalty was 2 months in jail and a $150 fine. *BUT.... *He appealed, claiming a 6th Amendment right to a jury trial *Gary Duncan, 19-year-old African-American stopped a fight between his 2 cousins (age 12) and 4 white 12-year-olds *Duncan touched one of the white boys on the arm. There is a disagreement on the way he touched the boy ("Slap" vs. "touch") *Duncan was arrested for "cruelty to a juvenile" paid $1000 bond and was released *Prosecutor's charge was amended *Duncan was arrested a second time, and paid a new $1500 bond *At trial, Duncan was convicted of simple battery and sentenced to 2 months and $150 fine *Duncan appealed, was granted bond and released, but was not permitted to pay the bond. *Arrested for the 3rd time and sent to jail again *His appeal was denied on Feb. 20, 1967 *His attorney was from NY, Sobol, with Collins as local co-counsel (as required by LA Law) *Judge barred Collins from the courtroom and forced Sobol to continue representing Duncan *Same day that the appeal was denied, Sobol was arrested, jailed, and charged with "Unauthorized Practice of Law" because he wasn't admitted in LA and didn't have LA co-counsel While Duncan's Lawyer was in jail: *Without notifying anyone (neither Duncan nor Sobol) *Another bond hearing was held for Duncan and additional bond was set. *Duncan (who, of course didn't know about it) didn't pay the bond and was arrested for the 4th time *Duncan was later released on bond. Good Lawyering: *On each appeal, and at every level, Duncan's lawyer(s) continued to raise the same issue -- that Duncan was denied his 6th Amendment right to a trial by jury *Soooooo..... *Duncan's case could now go to the US Supreme Court to review the constitutional issue

What does it mean to have compulsory process for obtaining witnesses in his favor.

*Gives the defendant the opportunity to present a defense *Subpoena power - Permits a defendant to require witnesses to appear in court, usually under the issuance by the court of a subpoena. To obtain compulsory process, the defendant must show that the witness's testimony would be relevant, material, favorable to the defendant, and not cumulative.

Summarize what is required if the right to counsel is waived.

*Having an attorney isn't mandatory. The right can be waived. *Waiver must be *Knowing, and *Voluntary The Supreme Court has held that no one may be imprisoned for any level of crime without legal representation, unless the accused has knowingly and intelligently waived their right. Although an suspect signing a waiver of their right to counsel is tactically preferable, a waiver must not need to be in writing, but whatever statement is made by the suspect must show there was, in fact, an intentional relinquishment of the known right.

Perjured Testimony: What if the defendant plans to present false testimony?

*If the attorney knows ahead of time: the attorney must inform the court *If the attorney doesn't know, but the defendant presents perjured testimony: the attorney must attempt to persuade the defendant to correct the perjury, or the attorney must inform the court

The procedural history of Duncan v. Louisianna

*State Trial Court, 1/67; LA v. Duncan; simple battery *State Appellate Court, 2/20/67; LA v. Duncan, 6th Amendment claim *US Supreme Court; 1968; Right to trial by jury *St. Trial Court/ 2/20/67; LA v. Sobol, UPL *US Dist. Ct.; 1968; Sobol v. Perez *US Dist Ct; 1970; Duncan v. Perez *US Dist Ct.; 1971; Duncan v. Perez

Hearsay

An out-of-court statement offered for the truth of the matter asserted. IE: "That's when she said to me..." Hearsay evidence is NOT admissible, however, an entire body of law addresses the exceptions, including when the person who made the original statement is now dead.

What constitutes impartial trial?

Potential for Conflict with 1st Amendment right to freedom of press

Some people represent themselves because...

-They distrust attorneys -They believe that they can handle themselves -It is too expensive to afford a lawyer

What are the requirements required to prove that a strike of a juror is discriminatory?

1. a defendant must make a prima facie showing or producing sufficient evidence to show that the issue is proven in favor of the party making the assertion that a peremptory challenge has been exercised on the basis of race 2. if that showing has been made, the prosecution must offer a race-neutral basis for striking the juror in question 3. in light of the parties' submissions, the trial must determine whether the defendant has shown purposeful discrimination (Snyder v. Louisiana (2008)) page 400

How many jurors is state court and federal court required to have?

6 person jurors required for state 12 persons jurors required for federal

When must the defendant's attorney be present?

After a defendant has been charged with a crime and retained an attorney, that attorney must be present during and subsequent questioning.

What makes a trial speedy?

A "speedy" trial basically means that the defendant is tried for the alleged crimes within a reasonable time after being arrested ─The Sixth Amendment requires a speedy and public trial. ─Delay that harms the accused's defense may cause the charges to be dismissed. ─A delayed or prolonged trial is inherently unfair. With the assumption of a person is innocent until proven guilty, each individual charged with a crime has the right to have their determination made as quickly as possible.

Critical Stage during Criminal Investigation

A critical stage is any step during a criminal prosecution where the accused's rights may be affected by the absence of legal representation. (page 409)

Smith v. Hooey (1969)

An inmate in a federal institution had state criminal charges pending against him in Texas. He spent six years trying to get his trial, but the detainer process caused the delay.

Every lawyer...

Has an obligation to do everything legally permissible to see that the client's rights are upheld

Peremptory challenges

A specific number of allowances given to each side in a case so that they may assert to remove a potential juror for any reason whatsoever.

How a defendant can waive a right to counsel

A suspect cannot be forced to deal with an attorney and so may waive this right. Patterson v. Illinois (1988) held that a valid waiver of Miranda rights not only waives the Fifth Amendment right against self-incrimination but also waves the Sixth Amendment right to counsel. ─The requirements that a waiver be knowing, voluntary, and intelligent remain the same. ─For a waiver to be effective, it need not be in writing, but whatever statement is made by the suspect must show there was, in fact, an intentional relinquishment of the known right.

When is a jury trial not required?

An Impartial and Representative Jury ─All crimes involving the potential of jail time do not require a jury trial. ─"Petty crimes" do not require a jury trial. No definition of what a petty crime is More serious offenses warrant a jury trial. Generally those punishments could exceed jail time of six months.

Douglas v. California (1963)

Any hearing or trial through the first appeal of right invokes the Sixth Amendment right to counsel. -But does not extend to any additional appeals

Clarify through how many appeals the right to counsel is waived.

Any hearing or trial through the first appeal of right invokes the Sixth Amendment right to counsel.But does not extend to any additional appealsPre-indictment identification procedures are not critical stages of criminal proceedings, so there is no Sixth Amendment right to a lawyer.The Supreme Court has held that no one may be imprisoned for any level of crime without legal representation, unless the accused has knowingly and intelligently waived their right. Sixth Amendment right to legal counsel occurs at every critical stage of a criminal proceeding, including during the investigation, at hearings, and during the trial. ─A critical stage is any step during a criminal prosecution where the accused's rights may be affected by the absence of legal representation.

The Presumption of Effective Counsel

Court Held that the Sixth Amendment right to counsel presumes counsel is effective.

Townsend v. Burke (1948)

Courts held that a convicted offender has a constitutional right to counsel at the time of sentencing. (page 418)

Moore v. Michigan (1957)

Established that a defendant has the right to counsel while submitting a guilty plea to the court.

Being Informed of the Accusation

Fairness dictates that those accused know what they are being accused of.

T/F: State Juries must reach a unanimous vote for a conviction?

False; as states are required a unanimous vote only in death penalty cases. With six jurors a unanimous verdict must be reached to find the defendant guilty.

When police inquiry has begun to focus on a particular suspect, custodial interrogation at the police station entitles a suspect to legal representation

Held in Escobedo v. Illinois

Mempa v. Rhay (1967)

Held that convicted offenders have the right to assistance of counsel at probation revocation hearings in which sentencing has been deferred.

Gagnon v. Scarpelli (1973)

Held that probationers/parolees have a constitutionally limited right to counsel on a case-by-case basis at revocation proceedings.

Identify the two requirements for juries established by the Sixth Amendment.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial,

What is the 6th Amendment?

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and casue of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witness in his favor, and to have the assistance of counsel for his defence

T/F : An accused who represents themselves (pro se) cannot later claim ineffective counsel.

True

During the court view pretrial identification procedure how will the court determine if the procedures were constitutional.

In the Totality of Circumstances Test (Page 424)

Massiah v. United States , 377 U.S. 201 (1964)

Issue: After pleading not guilty and being released on bail, a co-defendant cooperated with the police to record defendant's incriminating statements. Did this violate the Sixth Amendment? Holding: Yes. Though it was proper to continue the investigation, using the co-defendant to interrogate the defendant without his attorney present violated the Sixth Amendment and the statements are excluded as inadmissible. (page 409)

Argersinger v. Hamlin , 407 U.S. 25 (1972)

Issue: Argersinger was an indigent charged with carrying a concealed weapon with a maximum penalty of six months in jail and a $1,000 fine. Argersinger was not represented by an attorney; was he entitled to one? •Holding: Yes. The Court extended the right to an attorney to defendants accused of misdemeanor offenses. Any time the penalty could include prison, the defendant must have access to a lawyer.

Barker v. Wingo , 407 U.S. 514 (1972)

Issue: Defendant charged with murder and tried five years later after numerous continuances by the prosecution. Was the trial "speedy" enough under the Sixth Amendment? Holding: No. Whether a trial is sufficiently "speedy" is determined by:1.The length of the delay.2.The reason for the delay.3.The defendant's assertion of this right.4.The harm caused.

United States v. Wade & Gilbert v. California, 388 U.S. 218 (1967)

Issue: Two men were brought before witnesses to participate in a line up identification procedure without the benefit of the presence of counsel, after indictment, but prior to trial. Did the defendants have the right to notify their attorneys and have them present at the lineup? Holding: Yes. The Court held that pretrial lineups invoke the Sixth Amendment protection and require that the suspect have a lawyer. This was a critical stage. However, preindictment identification procedures, or those occurring before a suspect has been formally charged, are not critical stages of criminal proceedings, so there is no Sixth Amendment right to a lawyer. (Page 413)

Batson v. Kentucky , 476 U.S. 79 (1986)

Issues: Did the prosecutor's use of peremptory challenges to exclude the four blacks from the jury violate Batson's Sixth and Fourteenth Amendment rights? Holding: Yes. Prosecutors' peremptory challenges to exclude from a jury members of the defendant's race based only on racial grounds violates the equal protection rights of both the defendant and the excluded juror.

Explain when the Sixth Amendment right to counsel exists.

It deals with the fairness at trial and the right to a lawyer during the time leading up to and during prosecution. The Sixth Amendment protects the individual against the government's unlimited resources and ensures a fair trial. - The six amendment right to counsel attaches with the grand jury indictment or arraignment (or other first judicial appearance) on a complaint or official charge.) - After attachment the defendant can assert the right by hiring a lawyer, requesting one, or accepting appointment by the court. - If there is any opportunity between attachment and assertion, police can seek a waiver and obtain an admissible statement. - Following attachment and assertion, no valid waiver can be obtained for police-initiated questioning on that particular case. -Attachment and assertion as to one offense does not affect questioning on another (except for lesser-included offense) (Rutledge, 2008). (page 409)

Michigan v. Bryant (2011)

It does not violate the Confrontation Clause to admit a statement from a dying person as evidence, when there is no chance for the defendant to confront the witness.

Pinpoint whether juveniles have Sixth Amendment rights.

Juveniles do have sixth amendment rights, which includes the right against self-incrimination, to receive notice of the charges, to confront and cross-examine witnesses, and the right to counsel. (page 423) However, research shows juveniles are not appointed legal counsel in all cases, despite the Supreme Court in Gault ruling.

Know how the Sixth Amendment affects corrections.

Like the Fifth Amendment, the Sixth Amendment is not frequently cited in prisoners' rights lawsuits. For prisoners, cases based on the Sixth Amendment involve the right to a speedy trial and the detainer problem.

The application of the 6th amendment in the context of corrections

Like the Fifth Amendment, the Sixth Amendment is not frequently cited in prisoners' rights lawsuits. For prisoners, cases based on the Sixth Amendment involve the right to a speedy trial and the detainer problem. ─Document filed against inmates who have other criminal charges pending against them.

Foster v. California (1969)

Lineups may not be arranged in such a manner as to make the defendant stand out from the others in any unnecessarily suggestive ways.

Does the 6th Amendment apply to criminal or civil prosecutions?

Note that this specifically applies only to "criminal prosecutions." This is important to remember, since a person does not have these same rights when it comes to a civil trial.

Gideon v. Wainwright , 372 U.S. 335 (1963)

Page 421 Issue: The trial judge denied Gideon's request for counsel because Florida law only permitted appointment of counsel for poor defendants charged with capital offenses, and Gideon was charged with a felony. Was Gideon denied his right to counsel under the Sixth Amendment? Holding: Yes. The Court held that the Sixth Amendment's guarantee of counsel is a fundamental right essential to a fair trial and, as such, applies the states through the Fourteenth Amendment for this "deprivation of liberty." Not only was the right to counsel absolute, but also in all serious cases, indigent defendants accused of a felony were to be provided with legal counsel.

The Right to Act as One's Own Counsel

People may elect to appear in court pro se ─Appearing in court without an attorney, representing oneself •Some defendants distrust attorneys in general or believe they can handle their defense adequately .•The expense of hiring a lawyer or not qualifying for legal aid compels some to defend themselves.

Compulsory Process

Permits a defendant to require favorable witnesses to appear in court, usually by a court-ordered subpoena subpoena: requires an individual to appear in court

Kirby v. Illinois (1972)

Pre-indictment identification procedures are not critical stages of criminal proceedings, so there is no Sixth Amendment right to a lawyer.

Understand whether there is a Sixth Amendment right to a lawyer during preindictment identification procedures and how the court will view pretrial identification procedures to determine whether they are unconstitutional.

Pre-indictment identification procedures are not critical stages of criminal proceedings, so there is no Sixth Amendment right to a lawyer.The Sixth Amendment Right to counsel attaches upon the commencement of adversary judicial proceedings, such as initial appearance, formal charge, preliminary hearing, indictment or information, or during any stage where the suspect's substantial rights are affected.

Pro Se

Pro Se is latin for "himself" -Pro se is to appear in court without an attorney, representing yourself in a proceeding. *Conditions/requirements: 1.Awareness of the right to counsel 2.A valid waiver of the 6th Amendment rights, and 3.Competence *If you represent yourself, you can't later claim "ineffective assistance of counsel"

Generally punishments exceeding more than 6 months of jail time...

Require a jury trial

Requirements of identification, including lineups

Rights during identification ─Criminal procedure defines ways police identify suspects to victims or other witnesses. ─Showup Identification technique in which only one individual is shown to the victim or witness. ─Lineup Identification technique in which the victim or witness is shown several people, including the suspect. ─Blind Lineup ne conducted by someone who does not know who the suspect is.

Faretta v. California (1975)

Set forth three conditions to be met before a person could represent themselves (Pro Se): 1.Awareness of the right to counsel 2.A valid waiver of Sixth Amendment rights 3.Competency

Where the Trial is Held

Sixth Amendment requires that the trial occur in the district in which the crime was committed.

When does the right to legal counsel occur?

Sixth Amendment right to legal counsel occurs at every critical stage of a criminal proceeding, including during the investigation, at hearings, custodial interrogation, post indictment interrogation, post indictment identification, at arraignment, at sentencing and during the trial. A critical stage is any step during a criminal prosecution where the accused's rights may be affected by the absence of legal representation.

T/F: A suspect cannot be forced to deal with an attorney and so may waive this right.

True

cross-racial identification

Suggests that people of one race have difficulty recognizing facial attributes of other races.

Baldwin v. New York (1970)

Supreme Court held that a jury trial is not guaranteed when jail time of less than six months is the maximum possibility.

Does the 6th Amendment apply to the states and have been incorporated?

The 6th Amendment covers a wide range of rights relating to criminal process. All of these rights have been incorporated through the 14th Amendment to apply to the states. *6th Amendment does NOT apply to the states *BUT, because the right to a jury trial is a "fundamental right" it is necessary to "due process" *THEREFORE, it is incorporated through the 14th Amendment due process clause *Not all rights are incorporated. ONLY those which were fundamental

Powell v. Alabama (1932)

The Presumption of Effective Counsel Court Held that the Sixth Amendment right to counsel presumes counsel is effective.

T/F: All crimes involving the potential of jail time do not require a jury trial.

True

The Seven Discrete Clauses of the Sixth Amendment

The Sixth Amendment to the U.S. Constitution affords criminal defendants seven discrete personal liberties: (1) the right to a SPEEDY TRIAL; (2) the right to a public trial; (3) the right to an impartial jury; (4) the right to be informed of pending charges; (5) the right to confront and to cross-examine adverse witnesses; (6) the right to compel favorable witnesses to testify at trial through the subpoena power of the judiciary; and (7) the right to legal counsel. An Impartial and Representative Jury ─All crimes involving the potential of jail time do not require a jury trial. ─"Petty crimes" do not require a jury trial. No definition of what a petty crime is ─More serious offenses warrant a jury trial. Generally those punishments could exceed jail time of six months.

Who is entitled to a public trial?

The accused has a right to a speedy and public trial as required by the sixth amendment. *"Open trials enhance both the basic fairness of the criminal trial and the appearance of fairness so essential to public confidence in the system." (Press-Enterprise Co. v. Superior Ct. (1984)) The right to a public trial can be a double-edge sword as this involves the defendant's right to a public trial to avoid the obvious wrongdoings possible if conducted in private and pertains to the media's right to make trials public. This area of law requires balance of Defendant's/accused sixth amendment right to public trial and the public's first amendment right of freedom of press. The Public has a right to attend UNLESS there is a compelling state interest (eg. National security)

T/F: An accused who represents themselves cannot later claim ineffective counsel.

True

Wiggins v. Smith (2003)

The court held that the trial attorney must thoroughly investigate the life history of a defendant if there is reason to believe it may affect the determination of the death penalty.

Strickland test for effective assistance of counsel

The defendant must show a reasonable probability they would have accepted the plea offer had they not received the deficient performance of counsel (ie: the non-informing of the plea offer). If a lawyer has a conflict of interest by representing another client who would prejudice the other, ineffective assistance of counsel would exist, but merely being dissatisfied with the outcome of a trial is not itself sufficient grounds to make such a claim.

The Confrontation Clause

The part of the Sixth Amendment that guarantees all defendants the right to confront witnesses testifying against them during the criminal trial. The Confrontation Clause requires that witnesses be present in court so the defendant can confront them.

Voir dire

The process of questioning potential jurors to determine their impartiality.

Brady Rule

The suppression by the prosecution of evidence favorable to an accused upon request violates due process when the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution. (page 417)

True or False: Lineups may not be arranged in such a manner as to make the defendant stand out from the others in any unnecessarily suggestive ways.

True

True/False: Although the Sixth Amendment guarantees the right to trial by trial by jury in criminal (serious crimes) cases, this does not mean that a person must have a trial by jury.

True

True/False: Any hearing or trial through the first appeal invokes the 6th Amendment right to counsel, but the right does not extend to any additional appeals.

True

True/False: Any hearing or trial through the first appeal of right invokes the Sixth Amendment right to counsel. But does not extend to any additional appeals

True

True/False: Those accused should be informed of the charges made against them and in sufficient detail to respond adequately.

True. The Supreme Court has never formally incorporated this segment of the Sixth Amendment to apply to the states; however, knowing what one is charged with is so fundamentally fair that it has always been considered to fall within the Due Process Clause of the Fourteenth Amendment. (Page 402)

True/False; eyewitness testimony, while heavily used in criminal proceedings, has been found to be unreliable.

True: Eyewitness testimony is a valuable investigative tool that provides compelling evidence in court. However, such identification is often faulty and is, in fact, the leading cause of wrongful convictions, with more than 75 percent of all convictions overturned by DNA testing having been originally obtained, in part, through eyewitness testimony (Modafferi, Corley, & Perkins, 2099)

List the four factors that are considered in determining whether a trial is sufficiently "speedy."

Whether a trial is sufficiently "speedy" is determined by: 1.The length of the delay. 2.The reason for the delay. 3.The defendant's assertion of this right. 4.The harm caused.

Does the accused have a right to be informed of the nature and cause of the accusation>

Yes, they are to be informed of the nature and cause of the accusation *Notice requirement *Due process - "notice and the opportunity to be heard"

preliminary hearing

a critical stage of criminal proceedings when it is determined if probable cause exists to believe a crime has been committed and that the defendant committed it

Jury Nullification

a de facto option called jury nullification which is the ability of a jury to acquit a defendant even though jurors believe that person is guilty. A jury in effect would nullify a law by returning a "not guilty" verdict mostly because jurors do not agree with it or think it unjust.

The definition of an "adversarial system"

a legal system such as that of the U.S that places one party against another to resolve a legal issue, stipulating that only in an actual conflict will a judicial body hear the case.

The Right to Confront Witnesses

a solemn declaration or affirmation made to establish or prove a fact. *To be confronted with the witnesses against him *Requires that the witnesses be present for face-to-face confrontation *Different for juveniles *Excludes "Hearsay" evidence

habeas corpus

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

offense specific

applies only to the specific charges for which the defendant has been indicted or arraigned. This is in contrast to the Fifth Amendment right to counsel, which is not offense specific and, once invoked, means that all questioning must stop. McNeil v. Wisconsin (1991) the Supreme court held that the Sixth Amendment is offense specific, applying only to the offense charged.

When is legal counsel required in court?

at any jurisdictional level for criminal offenses that would result in imprisonment.

Why does jury nullification remain an issue?

because trials are emotional, and jurors' verdicts are often based on emotions, not facts. This hazard is one reason why a defendant might seek a bench trial.

Detainer

document filed against inmates who have other criminal charges pending against them.

Public Defenders

employed by government to ensure everyone's fifth amendment right to counsel is made available and for purpose of providing defense services to indigents ( who cannot afford their own lawyer).

The Jackson Rule

established that once the accused has invoked his or her right to counsel, police may not question the accused without that attorney being present during that particular session of questioning. The court described the jackson rule as a "wholesale importation of the Edwards rule into the Sixth Amendment" is a prophylactic rule established to prevent police from badgering an accused for inculpatory information once the right to counsel has been invoked.

Patterson v. Illinois (1988)

held that a valid waiver of Miranda rights not only waives the Fifth Amendment right against self-incrimination but also waves the Sixth Amendment right to counsel.

What is an impartial jury?

is one not predisposed to prejudice for or against the defendant. Both the prosecution and the defense seek out the most neutral jury during the process of voir dire. The jury must also be representative, that is a "fair cross section of the community."

Venue

is the geographical area in which a specific case may come to trial, and the area from which the jury is selected. Historically the requirement was included to prevent colonists from being returned to England for trial. However, it has remained to permit the defendant from being removed far from home, or at least from where the offense was committed, which may place burden on the accused. *Of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law,

indigent

poor; needy.

prima facie

production, showing or producing sufficient evidence to show that the issue is proven in favor of the party making the assertion.

subpoena

requires an individual to appear in court. Subpoenas can be served by an officer of the court, including a sheriff or police officer, or by any other adult who is not a party to the action.

Deliberate Elicitation

the Massiah standard that violates the Sixth Amendment by purposefully, yet covertly, drawing out incriminating statements from a suspect whose Sixth Amendment right to counsel has attached but who has not waived the right. ( page 410)

Counsel

the lawyer or lawyers conducting a case

Venire

the selected jury panel; individual jurors must be selected, adhering to the "impartial" and "representative" parameters set forth in the Sixth Amendment.

arraingment

usually the first court appearance by a defendant during which the accused is advised of his or her rights, advised of the charges, and given the opportunity to enter a plea.

court trial

when a case is heard before only the bench (or judge) without a jury. For heinous crimes, public opinion by a jury trial could seem less desirable. The importance of a jury trial is evidenced by the fact that this is the only right that appears in both the Constitution and the Bill of Rights.

Powell v. Alabama , 287 U.S. 45 (1932)

•Issue: Nine black youths—young, ignorant, and illiterate—were accused of raping two white women. Alabama officials sprinted through the legal proceedings: a total of three trials took one day and all nine were sentenced to death. They're known as the "Scottsboro" boys. Did the trials violate the Due Process Clause of the Fourteenth Amendment? •Holding: Yes. The defendants were not given reasonable time and opportunity to secure counsel in their defense.

In re Gault (1967)

─Applied Sixth Amendment rights to juveniles, including: the right against self-incrimination, the right to receive notice of the charges, the right to confront and cross-examine witnesses, and the right to counsel.

Factors to consider in determining witness reliability:

─The opportunity of the witness to view the defendant during the crime. (How close was the suspect to the victim? Was there sufficient light to see?) ─The level of attention the witness was paying to the defendant. ─The accuracy of any descriptions of the defendant made by the witness before the identification procedure. ─The witness's level of certainty in his or her identification. (Is the witness 100 percent certain the suspect committed the crime?) ─The time between the crime and confrontation.

Name the guarantee of the Sixth Amendment that extends beyond the trial.

─The right to counsel is the only Sixth Amendment guarantee that extends beyond the trial. ─Everyone has the right to legal representation. ─Every lawyer has an obligation to do everything legally permissible to see that the client's rights are upheld. ─It is to ensure that those accused are afforded their legal right and that they understand the process in which they are involved.