Chapter 25 Interrogation Law: Sixth Amendment Right to Counsel

JurisdictionNorth 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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