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Casebook Read Credits
Criminal Procedure Fall 2022
Section 10
5 hours

6th Amendment

C.E. Field

"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 cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

This unit includes the right to (effective) counsel, the right to represent yourself, and the standards/duties of counsel.

The right to counsel is triggered when prosecution begins.

Defendants are entitled to the presence of counsel during a "critical stage" of the prosecution.

Ineffective assistance of counsel is detined by the Strickland test: counsel's performance was deficient, and the deficient performance prejudiced the defense.

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