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SIXTH AMENDMENT RIGHT TO COUNSEL IN PRE-INDICTMENT IDENTIFICATIONS

NCJ Number
25273
Journal
Criminal Justice Quarterly Volume: 1 Issue: 1 Dated: (WINTER 1973) Pages: 15-18
Author(s)
ANON
Date Published
1973
Length
4 pages
Annotation
JUDICIAL DECISIONS OF THE U.S. SUPREME COURT AND THE NEW JERSEY SUPREME COURT ARE DISCUSSED IN RELATION TO THE TIME THAT THE RIGHT TO COUNSEL ATTACHES TO THE PROCEEDINGS.
Abstract
THE CONSENSUS IS THAT THE RIGHT TO COUNSEL DOES NOT ATTACH UNTIL ADVERSARIAL CRIMINAL PROCEEDINGS HAVE BEEN INITIATED - WHETHER BY PRELIMINARY HEARING, INDICTMENT, INFORMATION, OR ARRAIGNMENT. NEW JERSEY PRACTICE IN THIS REGARD HAS BEEN TO EXAMINE EVERY CASE ON ITS OWN MERITS AS TO WHEN THE RIGHT TO COUNSEL ATTACHES.