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6th amendment - Coggle Diagram
6th amendment
Does the 6th amend apply?
a. formal judicial proceedings?
indictment, formal charges filed, complaint filed, could include others, State defined*
b. is the interaction between the Gov and person at a critical stage
Critical: any stage in prosecution where counsels absence might derogate from D's right to a fair trial
does not apply when police conduct occurred prior to initiation of formal proceedings
Does not apply when D is not present
Eye witness v. interrogation
eye witness ID, critical if formal proceedings have begun and D is present
Interrogation, is critical if formal proceeds have begun and purposeful deliberate elicitation of info
interrogators purpose/intent
Undercover officer counts as interrogation here, because 6th is about a persons right to counsel when the state is trying to get info from D
c. Did the D Waive the right to counsel?
voluntary, knowingly, and intelligent (same as miranda)
burden on the prosecution to show waiver
d. If no waiver, did the state violate the 6th in getting the statement?
after formal proceedings?
critical stage?
counsel not present
Consequences
Derivative evidence
fruit of the poisonous tree
inevitable discovery
would have found it anyways
legitimate activity already in progress
attenuation
similar to proximate cause, time had pasted or setting changed between violation and evidence
but for causal link between violate and derivative evidence?
No if independent source
evidence is identical to that acquired by an untainted search
evidence is untainted by illegal activity
Need Standing to contest
cannot use subsequent statements
WARNING OFFENSE SPECIFIC
impeachment
can use evidence to impeach D
Statements
P cannot use it in case in chief