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Author Question: What are formal criminal proceedings, for purposes of the Sixth Amendment approach to interrogations ... (Read 36 times)

nenivikky

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on: Aug 17, 2018
What are formal criminal proceedings, for purposes of the Sixth Amendment approach to interrogations and confessions?
 
  What will be an ideal response?

Question 2

Describe the types of cases in which Miranda may apply.
 
  What will be an ideal response?


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vseab

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Reply #1 on: Aug 17, 2018
Answer to Question 1

The Sixth Amendment right to counsel applies once formal criminal proceedings have begun from preliminary hearing to a trial.

Answer to Question 2

The Sixth and Fourteenth Amendments still apply to interrogations and confessions in certain situations. For example, if the police conduct in question is not a custodial interrogation (as in Miranda) but formal charges have been filed, the Sixth Amendment will apply. Similarly, if custody and interrogation do not take place and formal charges are not filed, the due process voluntariness test can still be relevant for the purpose of determining the constitutionality of a confession or admission.


nenivikky

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Reply 2 on: Aug 17, 2018
Excellent

irishcancer18

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Reply 3 on: Yesterday
Great answer, keep it coming :)

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