Author Question: What, for purposes of the Sixth Amendment approach to interrogations and confessions, are formal ... (Read 41 times)

lindiwe · **on:** Aug 17, 2018

What, for purposes of the Sixth Amendment approach to interrogations and confessions, are formal criminal proceedings?

What will be an ideal response?

Question 2

What are the requirements for a valid Miranda waiver.

What will be an ideal response?

ally · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

The Sixth Amendment is implicated whenever the adverse positions of the government and defendant have solidified so that a defendant finds himself faced with the prosecutorial forces of organized society, and immersed in the intricacies of substantive and procedural criminal
law. The Court clarified this statement by noting that the Sixth Amendment applies whether by way of formal charge, preliminary hearing, indictment, information, or arraignment

Answer to Question 2

The current rule is that the government must show a valid waiver based on the particular facts and circumstances surrounding the case, including the background, experience, and conduct of the accused. Additionally, a valid Miranda waiver requires a showing that the waiver was
knowing and intelligent.