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When does the right to counsel apply under Powell v. Alabama (1932)?

• Only in capital cases involving indigent, illiterate, or impaired defendants.

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When does the right to counsel apply under Betts v. Brady (1942)?

To indigent felony defendants facing specific, trial-compromising "special circumstances."

What did Gideon v. Wainwright (1963) establish?

The Sixth Amendment requires state-appointed counsel for all indigent felony defendants.

When does the right to counsel apply under Argersinger v. Hamlin (1972)?

In any misdemeanor case that actually results in imprisonment.

What was the Scottsboro Boys' Sixth Amendment claim?

Alabama denied due process by offering zero preparation time with counsel.

What are "special circumstances" under the Betts rule?

Personal disadvantages like illiteracy, youth, or mental defects.

Is the right to counsel under Gideon retroactive?

Yes. Absence of counsel undermines trial fairness entirely.

What are the two prongs of the Strickland test?

• Deficient performance by counsel and actual prejudice to the trial outcome.

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Are ineffective assistance claims easy to prove?

• No. Courts presume counsel acted with reasonable professional competence.

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When does the Sixth Amendment right to counsel attach?

At the initiation of formal adversarial judicial proceedings.

Does an indigent defendant have the right to choose their counsel?

No. Indigents cannot select their specific state-appointed attorney.

Can a defense attorney prevent a client from testifying falsely?

• Yes. Ethical rules forbid counsel from suborning perjury (Nix v. Whiteside).

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What is the standard to waive counsel and represent oneself?

A waiver must be knowing, voluntary, and intelligent (Faretta v. California).

What is nontestimonial evidence?

Physical evidence that does not reveal contents of the mind.

What are the three limitations of the Fifth Amendment?

Applies only to compelled, testimonial, and incriminating evidence.

When do Miranda rights attach?

During custodial interrogation by law enforcement.

What is required for a valid Miranda waiver?

A voluntary, knowing, and intelligent relinquishment of rights.

How do the Fifth and Sixth Amendment counsel rights differ?

Fifth is interrogation-focused; Sixth attaches at formal charging.

How does Rhode Island v. Innis define police interrogation?

• Express questioning or actions reasonably likely to elicit incriminating words.

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What is the "burial speech" in Brewer v. Williams?

Interrogation using religious guilt to find a victim's body.

How did Escobedo v. Illinois clarify Miranda?

It prioritized fixed procedural warnings over case-by-case voluntariness reviews.

Does Miranda apply to undercover police operations?

• No. Suspects do not feel official interrogation pressure (Illinois v. Perkins).

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Can statements taken in violation of Miranda be used at trial?

• Yes. Only to impeach the defendant's credibility (Harris v. New York).

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Can Congress overturn the Miranda ruling?

• No. It is a constitutional decision (Dickerson v. United States).

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How did courts judge confessions before Miranda?

Via a totality of circumstances test to determine voluntariness.

What is the main issue with eyewitness lineups?

High rates of suggestibility and accidental misidentification.

What is the difference between a lineup and a show-up?

• Lineups offer multiple choices; show-ups present just one suspect.

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Is a lineup appearance a violation of the Fifth Amendment?

No. Forcing suspects to appear is nontestimonial physical conduct.

Does a tainted pretrial lineup automatically bar in-court identification?

No. Admissible if backed by an independent origin (United States v. Wade).

When is counsel mandatory during physical lineups?

• Post-indictment. Pre-indictment lineups do not trigger the Sixth Amendment.

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What is the Simmons standard for photo identifications?

• Identifications are excluded if impermissibly suggestive and irreparably unreliable.

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What are the five reliability factors from Neil v. Biggers?

View opportunity, degree of attention, prior description accuracy, witness certainty, and time elapsed.

Do indigent defendants have a right to counsel at preliminary hearings?

Yes. It is a critical stage for defense discovery (Coleman v. Alabama).

How quickly must a warrantless arrestee receive a probable cause hearing?

• Generally within 48 hours of arrest (Riverside v. McLaughlin).

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