Sixth amendment

bestmilitarydefensedefenseattorneys9.48.29PM“In all criminal prosecutions, the accused shall enjoy the right . . . to have the Assistance of Counsel for his defence.” U.S. Const. amend. VI. The
Miranda
counsel warning requirement must be distinguished from the Sixth Amendment counsel warning.1 Whereas
Miranda
concerns assistance of counsel in determining whether to exercise the PASI, under the Sixth Amendment an individual has the right to assistance of counsel for his defense in all criminal prosecutions. Although an individual’s exercise of his Sixth Amendment right may have the ancillary effect of invoking the PASI, the trigger and scope of the rights are different. Under the Sixth Amendment, a right to counsel is triggered by initiation of the adversarial criminal justice process. In the civilian sector, the trigger point is reached upon indictment. In the military, it is triggered by the preferral of charges

  • Under Mil. R. Evid. 305(d)(1)(B), the Sixth Amendment right to counsel warning is required for interrogations by a person subject to the code acting in a law enforcement capacity, conducted subsequent to preferral of charges (not the imposition of pretrial restraint under RCM 304), where the interrogation concerns the offenses or matters that were the subject of the preferral.2

Sixth Amendment provisions are limited to law enforcement activity

Neither custody nor “coercive influences” are required to trigger Sixth Amendment
protections

Questioning must relate to the charged offense

amendment

coercive influences