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![handle is hein.usfed/levsionboo0002 and id is 1 raw text is:
Supplement to the
2009 Legal Division Handbook
Chapter Thirteen - Fifth and Sixth Amendments
To replace Section VII (pp. 502-506)
VII. The Sixth Amendment Right to Counsel
A. Generally
The Sixth Amendment to the Constitution states that,
[i]n all criminal prosecutions, the accused shall enjoy the right
to... have the Assistance of Counsel for his defence. The
purpose of the Sixth Amendment right to counsel is to ensure
that anyone accused of a crime by the government will receive
fair treatment in the judicial process and at trial. The
opportunity for an accused to consult with and be represented
by counsel when defending against a criminal charge is
considered a basic requirement of fairness in our judicial
process. It gives the defendant an opportunity to have defense
counsel act as a buffer when forced to directly confront his
skillful adversary - the government and its agents.
An individual's Sixth Amendment right to counsel
attaches when the government has formally accused him with a
crime, thereby initiating the adversarial process. It is not
limited to custodial interrogation by known law enforcement
officers, the way Miranda rights are under the Fifth
Amendment. It applies to any critical stage of his prosecution.
B. Critical Stages
1. Interrogation
Once the Sixth Amendment right to counsel has attached,
the accused must be afforded the right to have counsel present
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