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- Understanding Criminal Procedure, Volume One: Investigation (CAP) (2021)
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- Chapter 25 Interrogation Law: Sixth Amendment Right to Counsel
Chapter 25 Interrogation Law: Sixth Amendment Right to Counsel
Jurisdiction | North Carolina |
The Sixth Amendment guarantees that "[i]n all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence." This right is fundamental and applies to the states through the Fourteenth Amendment Due Process Clause.1
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Notes:
[1] Gideon v. Wainwright, 372 U.S. 335 (1963). This chapter focuses exclusively on the Sixth Amendment right to counsel in the context of police interrogations. For discussion of the right to counsel in other procedural contexts, see § 26.02 (eyewitness...
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- Chapter 25 Interrogation Law: Sixth Amendment Right to Counsel
- Chapter 25 Interrogation Law: Sixth Amendment Right to Counsel
- § 25.01 Massiah v. United States
- § 25.02 The Sixth Amendment (Massiah) Right to Counsel: Summary
- § 25.03 Procedural Initiation of the Right to Counsel: Adversary Judicial Proceedings
- § 25.04 "Offense-Specific" Nature of the Right to Counsel
- § 25.05 Requirement of "Deliberate Elicitation"
- § 25.06 Waiver of the Right to Counsel
- § 25.07 Scope of the Sixth Amendment Exclusionary Rule
- § 25.08 Right-to-Counsel Summary: Sixth Amendment versus Miranda
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