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Chapter 5 - §1. Overview
Jurisdiction | United States |
§1. Overview
The Sixth Amendment to the U.S. Constitution provides that the defendant in a criminal proceeding "shall enjoy the right . . . to have the Assistance of Counsel for his defence." U.S. Const. amend. 6, cl. 4. This clause gives a defendant the right to the assistance of legal counsel once any criminal proceedings have been initiated against him. People v. Frederickson (2020) 8 Cal.5th 963, 1011 (Sixth Amendment guarantees the accused, at least after formal charges have been initiated, the right to rely on counsel as "medium" between him and government). Evidence obtained in violation of the defendant's Sixth Amendment right to counsel generally cannot be used against the defendant in criminal proceedings. Maine v. Moulton (1985) 474 U.S. 159, 180; Massiah v. U.S. (1964) 377 U.S. 201, 206-07; see Estelle v. Smith (1981) 451 U.S. 454, 470-71; Brewer v. Williams (1977) 430 U.S. 387, 397-98. The Sixth Amendment's right to counsel applies to state proceedings through the Fourteenth Amendment. See Kirby v. Illinois (1972) 406 U.S. 682, 688. California's state constitutional right to counsel is no more generous to the defendant than the federal constitutional right. See Cal. Const., art. I, §24 (state constitution must not be construed to afford "greater rights to criminal defendants than those afforded by [U.S.] Constitution").
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- Chapter 5 Exclusion of Evidence on Constitutional Grounds
- E. Sixth Amendment—Right of Confrontation
- A. Fourth Amendment—Search & Seizure
- D. Sixth Amendment—Right to Counsel
- C. Fifth Amendment—Miranda
- B. Fifth Amendment—Voluntariness of Statements
- Chapter 5 - CHAPTER 5 Exclusion of Evidence on Constitutional Grounds
- Chapter 5 - A. Fourth Amendment—Search & Seizure
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Elements for exclusion
- Chapter 5 - §3. Exceptions to warrant requirement
- Chapter 5 - §4. Evidence subject to exclusion under Fourth Amendment
- Chapter 5 - §5. Procedure for excluding evidence
- Chapter 5 - §6. Appellate review
- Chapter 5 - B. Fifth Amendment—Voluntariness of Statements
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Elements for exclusion
- Chapter 5 - §3. Evidence subject to exclusion for involuntariness
- Chapter 5 - §4. Procedure for excluding evidence
- Chapter 5 - §5. Appellate review
- Chapter 5 - C. Fifth Amendment—Miranda
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Elements for exclusion
- Chapter 5 - §3. Exceptions to Miranda
- Chapter 5 - §4. Evidence subject to exclusion under Miranda
- Chapter 5 - §5. Procedure for excluding evidence
- Chapter 5 - §6. Appellate review
- Chapter 5 - D. Sixth Amendment—Right to Counsel
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Elements for exclusion
- Chapter 5 - §3. Evidence subject to exclusion under right to counsel
- Chapter 5 - §4. Procedure for excluding evidence
- Chapter 5 - §5. Appellate review
- Chapter 5 - E. Sixth Amendment—Right of Confrontation
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Components of right of confrontation
- Chapter 5 - §3. Right of confrontation & out-of-court statements
- Chapter 5 - §4. Joint trials & right of confrontation
- Chapter 5 - §5. Evidence subject to exclusion under right of confrontation
- Chapter 5 - §6. Procedure for excluding evidence
- Chapter 5 - §7. Appellate review
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