
Studicata
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3.5万 回視聴 ・ 431いいね ・ 2019/01/01
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00:00 Sixth Amendment Right to Counsel
The Sixth Amendment guarantees criminal defendants the right to assistance of counsel, with automatic attachment once formal charges are filed.
01:42 From Suspect to Defendant
This right automatically attaches when a suspect becomes a criminal defendant through indictment or formal charging.
04:07 What Counts as a Violation
A violation occurs if the government deliberately elicits statements from a charged defendant without their attorney present during critical stages.
05:18 Critical Stages of Prosecution
The right covers stages from indictment through sentencing, including plea bargaining and hearings to determine prosecution.
07:02 Post-Indictment Interactions
Any in-person, post-indictment interaction between the government and the defendant is a critical stage requiring counsel.
08:40 Indigent Defendants and Waiver
Defendants who cannot afford an attorney have the right to appointed counsel, and any waiver of that right must be knowing, voluntary, and intelligent.
11:13 Offense-Specific Attachment
The Sixth Amendment right attaches only to the charged offenses, not unrelated crimes still under investigation.
12:55 Ineffective Assistance of Counsel
Post-conviction, defendants can claim ineffective assistance if their attorney’s performance was negligent and likely changed the trial’s outcome.
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