Fifth vs. Sixth Amendments
The U.S. Supreme Court has recognized two constitutional sources of the right to counsel during interrogation. One source is the Court's interpretation in Miranda v. Arizona of the Fifth Amendment right against compelled self-incrimination; the other is contained within the language of the Sixth Amendment. Because the protections afforded individuals under these constitutional provisions differ, it is critical that law enforcement officers understand the provisions and appropriately apply their protections.
This article examines both the Fifth and Sixth Amendment rights to counsel and the underlying principles that support these rights. This article also reviews the Supreme Court's interpretation of these rights and the effects they have on a law enforcement officer's ability to engage in interrogation during various stages of a criminal investigation. Finally, suggestions are offered regarding policy considerations that incorporate the protections of the rights to counsel and optimize the potential of obtaining statements that are admissible in court.
Purpose of the Protections
Understanding the protections of the Fifth and Sixth Amendment rights to counsel and the concomitant procedural rules begins with an appreciation of the principals that underlie those rights. In Miranda, the Supreme Court concluded that custodial interrogation creates an inherently coercive environment that violates the Fifth Amendment protection against compelled self-incrimination. In an effort to reduce the inherent coerciveness, the Court created the now famous Miranda warnings and required the government to give those warnings and obtain waivers prior to custodial interrogation. The warnings are designed in part to safeguard the right against compelled self-incrimination by ensuring custodial subjects that, if they choose to waive the right to silence, they will not have to face the government alone; they may have the assistance of counsel during interrogation.
The Sixth Amendment
This article examines both the Fifth and Sixth Amendment rights to counsel and the underlying principles that support these rights. This article also reviews the Supreme Court's interpretation of these rights and the effects they have on a law enforcement officer's ability to engage in interrogation during various stages of a criminal investigation. Finally, suggestions are offered regarding policy considerations that incorporate the protections of the rights to counsel and optimize the potential of obtaining statements that are admissible in court.
Purpose of the Protections
Understanding the protections of the Fifth and Sixth Amendment rights to counsel and the concomitant procedural rules begins with an appreciation of the principals that underlie those rights. In Miranda, the Supreme Court concluded that custodial interrogation creates an inherently coercive environment that violates the Fifth Amendment protection against compelled self-incrimination. In an effort to reduce the inherent coerciveness, the Court created the now famous Miranda warnings and required the government to give those warnings and obtain waivers prior to custodial interrogation. The warnings are designed in part to safeguard the right against compelled self-incrimination by ensuring custodial subjects that, if they choose to waive the right to silence, they will not have to face the government alone; they may have the assistance of counsel during interrogation.
The Sixth Amendment