6th Amendment

Question 1

6th Amendment Elements

Answer 1

1. Right to counsel at critical stages if
2. ANY incarceration
3. trial by jury if > 6 months incarceration
4. Deliberate elicitation of statement without presence of attorney

Question 2

6th Amendment right to a speedy trial -
1. when does it attach,
2. when is it violated
3. what is the remedy
4. how is delay determined or calculated?

Answer 2

1. Attaches at earlier of arrest or indictment
2. Must be undue delay and prejudice to defendant
3. Dismissal of charges is the standard remedy
4. 365 days is the standard. Court subtracts for reasonable delay (for example, an unavailable witness). Federal Speedy Trial Act of 1974.

Question 3

Guilty pleas:
1. What are the 3 types of pleas?
2. When may a defendant withdraw a guilty plea?
3. When is there no right to withdraw a guilty plea?

Answer 3

1. Open plea - no agreement with prosecution; Negotiated guilty plea - agreement on sentence or dropping of charges; Nolo contendere - defendant does not agree that they are guilty but agree that if the prosecution has enough evidence, it could result in a guilty verdict
2. May withdraw if plea was improperly induced and therefore involuntary (not sufficiently advised of rights waived - direct only, not collateral rights such as deportation for which there is a discretion of the Attorney General)
3. No right to withdraw if insufficient evidence to convict, or Judge erroneously denied defendant’s motion to suppress.

Question 4

Ineffective assistance of counsel when

Answer 4

falls below objective standard and reasonable probability of different result but for L’s unprofessional errors

Question 5

Identification factors

Answer 5

Time, Opportunity, Confidence, Attention, Accuracy (TOCAA)

Question 6

When is an identification inadmissible?

Answer 6

1. Unnecessarily suggestive,
2. substantial likelihood of irreparable identification