Once the Sixth Amendment right attaches, which practice is improper?

Once the Sixth Amendment right attaches, which practice is improper?

• A. Direct questioning about the case by officers.
• B. Allowing the defendant to consult with an attorney.
• C. Reading Miranda rights to the defendant.
• D. Questioning someone else about the case.

Answer: (A)

The Sixth Amendment right to counsel kicks in once formal charges are filed, and after it attaches, the defendant cannot be subjected to questioning about the charged offense by the police unless counsel is present or the defendant knowingly waives the right. Direct questioning about the case by officers without an attorney present would violate that protection, because it bypasses the defendant’s opportunity to have legal counsel oversee or terminate improper interrogation and to ensure the statements given are reliable and voluntary. Allowing the defendant to consult with an attorney is proper, since it lets counsel advise and shield the defendant’s rights. Reading Miranda rights helps safeguard the defendant's Fifth Amendment rights during custodial interrogation, and questioning someone else about the case does not implicate the defendant’s Sixth Amendment right, so it isn’t improper under this rule.

The Sixth Amendment right to counsel kicks in once formal charges are filed, and after it attaches, the defendant cannot be subjected to questioning about the charged offense by the police unless counsel is present or the defendant knowingly waives the right. Direct questioning about the case by officers without an attorney present would violate that protection, because it bypasses the defendant’s opportunity to have legal counsel oversee or terminate improper interrogation and to ensure the statements given are reliable and voluntary.

Allowing the defendant to consult with an attorney is proper, since it lets counsel advise and shield the defendant’s rights. Reading Miranda rights helps safeguard the defendant's Fifth Amendment rights during custodial interrogation, and questioning someone else about the case does not implicate the defendant’s Sixth Amendment right, so it isn’t improper under this rule.