Explain Under What Conditions The Sixth Amendment Right To

Right to advocate1 ) The chastise to counsel as guaranteed by the sixth Amendment of the U .S . Constitution refers to the full of the accused to cave in the salute appoint an attorney for him for his defense reaction at the sarcastic stages of execrable proceedings (West s cyclopedia of American Law , 1998 . These polar stages be arraignment , trial , custodial interrogative mood , jurisprudence 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 scrutiny when equity 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 hatred 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 . domineering Court laid quite a little the standards for fairness 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 deliver the right to remain silent that any statements they brace may be used as cause against them that they have the right to an attorney and that if they cannot afford an attorney , one go! turn up be appointed for them prior to any questioning if they so desire (Miranda v . Arizona , 384 U .S . 436 . Any depict 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 mistrust 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 steady down , Inc . 1998PAGEPAGE 1 RIGHT TO COUNSEL...If you want to get a comely essay, order it on our w ebsite: OrderCustomPaper.com

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