Understanding the Rights to Legal Counsel in the US Legal System
Explore the job of a lawyer, the importance of legal counsel, and the differences between the 5th Amendment and 6th Amendment rights to an attorney in the United States. Discover when and how to invoke these rights, whether during custodial interrogation or after being charged. Gain insights into key scenarios of invoking legal representation to protect your rights.
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Presentation Transcript
Entry Task: What is the job of a lawyer?
Todays Objectives: 1. I will identify when I have the right to an attorney. I can explain the difference between a 5th Amendment and a 6thAmendment right to an attorney. 2.
Two Constitutional Guarantees to an Attorney > 5th Amendment: No person shall be compelled in any criminal case to be a witness against himself. > 6thAmendment: In all criminal prosecutions, the accused shall enjoy the assistance of counsel for his defense
5th Amendment Right to Counsel 5th Amendment: No person shall be compelled in any criminal case to be a witness against himself. Compelled: MIRANDA: You have the right to speak to an attorney, and to have an attorney present during any questioning Custodial Interrogation. General Rule: Arrested MUST BE UNEQUIVACLY INVOKED I want to speak to my attorney. I need to speak to my attorney. I d like to speak to my attorney. Other ways?
Did they invoke their 5 Did they invoke their 5th th Amendment Right to an attorney? Amendment Right to an attorney? 1. While being questioned by an officer, a person says they want to talk to an attorney. YES!!!! 2. While being arrested a person says they think they want to talk to an attorney. NOOOOOO 3. While being arrested a person s friend yells at them to not say anything until they get an attorney. Bro .no. CLEAR DELIBERATE NOT AMBIGUOUS
6th Amendment Right to Counsel 6thAmendment: In all criminal prosecutions, the accused shall enjoy the assistance of counsel for his defense Charged: After arraignment Grand jury indictment AUTOMATIC Don t have to do anything. After charged, it attaches automatically.
Difference between 5th and 6th Right to Attorney > When do they apply? 5th: Custodial Interrogation or Arrest 6th: Charged > How do you invoke it? 5th: MUST SAY IT 6th: Automatic > What does it apply to? 5th: Any questions 6th: Questions about the charged offense.
KEY POINTS 1. MUST BE A STATE ACTOR THAT IS QUESTIONING/ENGAGING YOU. 2. ONLY APPLIES IN CRIMINAL CASES 3. IF YOU CANNOT AFFORD AN ATTORNEY, YOU GET ACCESS TO A PUBLIC DEFENDER 4. YOU CAN WAIVE BOTH
Which Right to Counsel Applies? A. You are arrested by the police and taken to the station for questioning. 5th Amendment/Miranda B. You are charged with a crime and the local prosecutor wants to speak with you. 6th Amendment C. You have been charged with a crime and an undercover agent in jail asks you questions about the crime you were charged with. 6th Amendment D. You have been charged with a crime and an undercover agent in jail asks you questions about a crime you were not charged with. NONE!!!!!
Identify when and where a right to counsel arose. Explain the basis of the right. > Jim and Al had been driving all night and decided to stop at a motel to sleep. They checked into their room and were soon asleep. Several hours later, they were abruptly awoken by pounding on their door. Al opened the door and was faced with 8 uniformed police officers. The officers arrested Al and Jim because they fit the description of two suspects from a recent string of bank robberies. Al and Jim were transported to jail. > Several hours alter, an officer pulled Al into an interrogation room. A different officer spoke with Jim in his cell. The officers questioned Al and Jim about the bank robberies, a few assaults that had occurred the night before, and about their mothers. > Later that day, Al and Jim were brought before a judge and charged with the bank robberies. After they were charged, the prosecutor took Al aside and spoke with him about the robberies. After his conversation concluded, the prosecutor took Jim aside and asked Jim about a speeding ticket on Jim s record.
Identify when and where a right to counsel arose. Explain the basis of the right. > The officers arrested Al and Jim because they fit the description of two The officers arrested Al and Jim because they fit the description of two suspects from a recent string of bank robberies. suspects from a recent string of bank robberies. > Several Several hours alter, an officer pulled Al into an interrogation room. A hours alter, an officer pulled Al into an interrogation room. A different officer spoke with Jim in his cell. The officers questioned Al and different officer spoke with Jim in his cell. The officers questioned Al and Jim about the bank robberies, a few assaults that had occurred the night Jim about the bank robberies, a few assaults that had occurred the night before, and about their mothers. before, and about their mothers. > After they were charged, the prosecutor took Al aside and spoke with him After they were charged, the prosecutor took Al aside and spoke with him about the robberies. After his conversation concluded, the prosecutor about the robberies. After his conversation concluded, the prosecutor took Jim aside and asked Jim about a speeding ticket on Jim s record. took Jim aside and asked Jim about a speeding ticket on Jim s record.
Final Check IN I will identify when I have the right to an attorney. 1. 2. I can explain the difference between a 5th Amendment and a 6th Amendment right to an attorney. 1. 2. 3.
