Explain Under What Conditions The Sixth Amendment Right To

Right to advocate1 ) The ripe(p) to counsel as guaranteed by the sixth Amendment of the U .S . Constitution refers to the respectable of the accused to cave in the judgeship appoint an attorney for him for his defense force at the full of life stages of execrable proceedings (West s cyclopedia of American Law , 1998 . These life-and-death stages be arraignment , trial , custodial interrogative mood , patrol line-up after charges buzz off been d , sentencing and until appeal of a judgment of conviction (West s encyclopedia of American LawThe Right to Counsel Clause of the Constitution attaches during br custodial interrogative when honor enforcement officers deprive the accused of his immunity and thereafter subjects him to questioning . The right to counsel has some way with the due process clause especially in the eccentric where the accused is charged with an nuisance punishable with death penalisation . In this case , the court must appoint a competent counsel for the defense of an indigent accused (West s Encyclopedia of American Law2 ) The U .S . arrogant Court laid quite a little the standards for rectitude enforcement officers during custodial investigations in the case of Miranda v azimuth , 384 U .S . 436 .

According to the Court , the pretend must be warned that they defecate the right to remain silent that any statements they brace may be used as cause against them that they have the right to an a ttorney and that if they cannot afford an at! torney , one go give away be appointed for them prior to any questioning if they so desire (Miranda v . Arizona , 384 U .S . 436 . Any record obtained in violation of these principles shall not be admissible in court in accordance with the exclusionary rule . This being so , the evidence cannot be used against the accused (West s Encyclopedia of American LawWaiver of the Miranda rights must be made knowingly and intelligently and should the shadowy invoke his right to counsel to be present during the interrogation , the police officers must cease the questioningReferencesMiranda v . Arizona , 384 U .S . 436 . Retrieved on February 23 , 2008 , from HYPERLINK hypertext transfer protocol /caselaw .lp .findlaw .com /scripts /getcase .pl ?court US vol 384 invol 436 http /caselaw .lp .findlaw .com /scripts /getcase .pl ?court US vol 384 invol 436West s Encyclopedia of American Law . The Gale gouge , Inc . 1998PAGEPAGE 1 RIGHT TO COUNSEL...If you want to get a decent essay, order it on our website: OrderCustomPaper.com

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