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Chapter 4 · Due Process — the Fifth and Sixth Amendments
Page 2 of 2 in this chapter
From the page before
What did Gideon v. Wainwright (1963) establish?
The answer: That a defendant too poor to afford a lawyer must be provided one
Why: Gideon made the right to a lawyer real for people who cannot pay.
Which is the clearest invocation of the right to counsel?
The answer: 'I want a lawyer.'
Why: Courts have held that a hedged sentence is not enough. A clear request is what turns the protection on.
Using a right is not admitting anything. Asking for a lawyer is an ordinary, lawful act. So is declining to answer. Neither is an admission. Neither can be used as evidence of guilt.
Say it clearly. Courts have held that a hedged sentence is not enough to trigger the protection. "I think maybe I should talk to a lawyer" has been held too vague. "I want a lawyer" is not.
Before you turn the page
Double jeopardy prevents a second trial for the same offence by the same sovereign. Why can a federal case sometimes follow a state acquittal?
Trying to recall a thing before you read it again is what makes it stick. That is why the question is here.
Nothing is scored. Nothing is saved. No one sees your answer, and there is no account to make.