Also known as: adversarial judicial proceeding · adversarial proceeding · adversarial proceedings · adversary proceeding · adversary proceedings · adversarial system
Written by attorneys · grounded in primary & secondary sources — see below
Formal steps in a criminal prosecution, such as indictment, information, or arraignment, that mark the beginning of the adversarial process between the state and the accused. These proceedings trigger attachment of the Sixth Amendment right to counsel at critical stages where the government deliberately seeks evidence for use at trial.
Adrian Aguilar was indicted for robbery. Police then arranged a stationhouse lineup with witnesses viewing him among similar individuals. No attorney was notified or present. The identification evidence is excluded because the lineup occurred after formal adversarial judicial proceedings had begun.
Alan Ackerman was convicted after trial. He claims his lawyer failed to investigate alibi witnesses. The court evaluates whether counsel's performance fell below an objective standard of reasonableness and whether the deficiency prejudiced the outcome.
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Ava Adebayo sued a manufacturer. The defendant sought notes prepared by the plaintiff's attorney during witness interviews. The court protects the materials because they were prepared in anticipation of litigation.
Amelia Amari was indicted for drug trafficking. An undercover officer posed as a cellmate and obtained statements about the charged offense. The statements are suppressed because they were deliberately elicited after adversarial judicial proceedings had begun without counsel present.
Adam Anderson sued a concrete company for employment discrimination. During jury selection the company used peremptory strikes to remove jurors on the basis of race. The court applies constitutional limits on discriminatory strikes even though the defendant is a private litigant.
Amber Alonzo was prosecuted for assault. The prosecution introduced a recorded statement made by the complainant to police describing the incident. The court requires the declarant to be unavailable and the defendant to have had a prior opportunity for cross-examination.
The right attaches once formal adversarial judicial proceedings have begun by way of indictment, information, or arraignment. Post-charge lineups and showups are critical stages requiring counsel's presence to ensure fairness and permit later challenge to suggestiveness.
Supporting sources
No. Photographic identifications are not critical stages even after adversarial judicial proceedings have begun, so counsel need not be present or notified.
Supporting sources
Yes. It attaches only to the particular offense for which adversarial judicial proceedings have been initiated and does not extend to uncharged crimes even if the defendant is in custody.
Supporting sources
…to ensure the reliability of the evidence against a criminal defendant by subjecting it to rigorous testing in the context of an adversary proceeding before the trier of fact"). "[I]n a given instance [cross-examination may] be superfluous; it may be sufficiently clear, in that instance, that the statement offered is free enough from the…