NCJ Number
189611
Journal
FBI Law Enforcement Bulletin Volume: 70 Issue: 7 Dated: July 2001 Pages: 27-31
Date Published
July 2001
Length
5 pages
Annotation
This article examines the Sixth Amendment right to counsel and considers its application to and limitations on law enforcement investigations.
Abstract
The primary purpose of the Sixth Amendment is to ensure a fair prosecution. Thus, the Supreme Court has held that the protections of the Sixth Amendment, including the right to counsel, do not apply at all stages of a criminal investigation. Rather, Sixth Amendment rights attach once the government has committed itself to prosecution of a case by initiating adversarial judicial proceedings. Once prosecution has begun, the accused has the right to the assistance of counsel at all "critical stages" of the prosecution. For law enforcement purposes, critical stages are post-attachment line-ups and the "deliberate elicitation" of information from the accused. However, Sixth Amendment protection applies only if the lineup and elicitation of incriminating information relate to the specific crimes levied against the accused. That is, the Sixth Amendment right to counsel is crime specific. The article cautions that, because the Court recognizes that the Constitution does not negate society's interest in securing convictions by obtaining voluntary confessions, law enforcement agencies should ensure that those interests are not contradicted by overly restrictive agency policies, practices, or training. Notes