Interrogations and sixth amendment rights

¶ … Sixth Amendment [...] interrogations and the Sixth Amendment, including answering the questions: Why is a statement sometimes inadmissible under the Sixth Amendment, although Miranda did not apply or was complied with? When does the Sixth Amendment attach? How is it violated? What are the precautions? The Sixth Amendment is complicated for both justices and law enforcement personnel, and so, it must be fully understood and enacted in order to protect the rights of the suspect and the rights of the law enforcement personnel.

The Sixth Amendment is very intricate. Often, a statement is inadmissible in court for the smallest of reasons, such as an officer forgetting to administer the Miranda rights to a suspect, or not getting a lawyer fast enough when a suspect becomes "the accused." A suspect should not be able to incriminate himself by compulsory questioning, and often this happened, and so, judges took on and defined the Sixth Amendment so suspects and police departments both had more rights. Even when Miranda is complied with, there are other situations that can hinder Sixth Amendment rights, such has having an attorney present, and not questioning a suspect until an attorney is present. In addition, even though Miranda has been correctly administered, law enforcement personnel can threaten, coerce, or frighten a suspect into self-incriminating themselves, and this would make the information inadmissible in court. Even if the suspect voluntarily gives information, if they have not specifically waived their rights, they cannot incriminate themselves, and the evidence will not stand. This is why law enforcement personnel must be completely aware of the Sixth Amendment and all its' implications.

The Sixth Amendment attaches when a suspect becomes "the accused," and formal charges have been initiated. In fact, the Supreme Court decided that "a person's Sixth Amendment right to counsel attaches only at or after the time that adversary judicial proceedings have been initiated against him" (Chapter 9). In addition, even if a suspect waives his Miranda rights, he still falls under the Sixth Amendment when he notes that he does want counsel, even after waiving that right earlier. The only exception is if the suspect actually requests to talk to officers, even after requesting an attorney.

The Amendment can be violated by a number of situations. For example, the suspect cannot waive his rights, but the police consider a waiver gives them the right to further interrogate the suspect. Alternatively, the suspect requests an attorney, and is still questioned before the attorney arrives, which violates the right to have an attorney present. Thus, the suspect has to voluntarily waive his right to counsel, or to questioning, and the waiver must be valid, or the Sixth Amendment will be violated. This applies also in other situations, such as "bugging, eavesdropping, or contact by an informant" (Chapter 9). These situations apply once the suspect is in custody, and the bugging, or informing takes place with the knowledge of another, but not the knowledge of the suspect. Once the suspect is "the accused," and the right to counsel has been attached, the suspect cannot be interrogated by any means, including by undercover officers or secretive means. Only when the suspect openly volunteers information and waives a lawyer, can information after he is "the accused" be used against him or her. This even applies when a suspect is out of jail on bail awaiting trial. These methods cannot be used to obtain additional evidence, or the Sixth Amendment will be violated, and the evidence will not hold up in court. In addition, officers must know the suspect's condition and status at all times, and if they do not, they must assume the suspect falls under Sixth Amendment rights.

Obviously, there are several precautions necessary when dealing with the thorny problems of the Sixth Amendment. Officers must be constantly aware of the suspect's rights, and of the moment when the suspect becomes "the accused," as so attaches to the Sixth Amendment. Officers must take extreme precautions to administer Miranda, admit an attorney, and make absolutely sure a suspect has indeed fully waived his right to counsel when questioning any suspect. It must be remembered that interrogation and the Sixth Amendment is just one aspect of the Amendment. Its' purpose is to guarantee a fair and speedy trial for all accused, and following the Sixth Amendment to the letter helps this goal. This, law enforcement personnel must fully understand the scope of the Amendment, and understand its' importance to the fair trial of any and all accused, in any and all cases. The Supreme Court notes, "any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him"