Constitutional Rights to Counsel During Interrogation: Comparing Rights Under the Fifth and Sixth Amendments

• NCJ Number: 196896
• Journal: FBI Law Enforcement Bulletin Volume: 71 Issue: 9 Dated: September 2002 Pages: 28-32
• Author(s): Kimberly A. Crawford J.D.
• Editor(s): John E. Ott
• Date Published: September 2002
• Length: 5 pages
• Sale Source: NCJRS Photocopy Services
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This article focuses on the two constitutional sources of the right to counsel during interrogation.

Abstract

Two recognized United States Supreme Court constitutional sources of the rights to counsel during interrogation are the focus of this article. Examining both Fifth and Sixth Amendment rights to counsel and the underlying principles that support these rights, this article focuses on law enforcement officials’ ability to engage in interrogation during various stages of a criminal investigation. Arguing that once a criminal case has been initiated, a defendant has the right to assistance of counsel at all stages of the prosecution, the author argues that statements taken in violation of the Fifth and Sixth Amendment right to counsel cannot be used in government cases or as the principle cause of action. This article maintains that law enforcement officials understanding the two constitutional sources of the right to counsel results in a reduction in the number of repressed statements and protects law enforcement officials from potential civil liabilities.