Also known as: adversarial proceeding · adversary proceedings · adversary proceeding · adversary system · adversarial system
Written by attorneys · grounded in primary & secondary sources — see below
A stage in a criminal prosecution reached when judicial proceedings have been initiated against the accused by formal charge, preliminary hearing, indictment, information, or arraignment. At this point certain constitutional protections attach, including the Sixth Amendment right to counsel at critical stages such as post-charge lineups.
Amelia Amari was indicted for robbery. Police then conducted a lineup without notifying her lawyer. Because adversarial proceedings had begun, the identification procedure was a critical stage requiring counsel. The results were suppressed.
Alexandra Armstrong was arrested and questioned about a shooting. No formal charges had yet been filed. Officers obtained a confession after Miranda warnings. The statement remained admissible because adversarial proceedings had not commenced.
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Angela Acosta was convicted after trial. Her lawyer failed to investigate alibi witnesses. Because adversarial proceedings had begun at indictment, the Sixth Amendment right to effective counsel applied throughout the case.
Ariana Azizi was indicted for assault. Police conducted a showup without counsel present. Because adversarial proceedings had begun, the identification was suppressed as a critical stage under the Sixth Amendment.
Alice Atkins faced assault charges after indictment. Officers questioned her without counsel. Because adversarial proceedings had started, the Sixth Amendment barred use of the uncounseled statements at trial.
Alan Ackerman was arraigned on felony charges. He requested counsel before pleading. The Sixth Amendment right applied because adversarial criminal proceedings had already begun against him.
The right attaches once adversarial proceedings have begun by formal charge, preliminary hearing, indictment, information, or arraignment. After that point a post-charge lineup or showup is a critical stage requiring counsel.
Supporting sources
No. The Sixth Amendment right applies only after adversarial proceedings have commenced. Pre-charge custodial interrogation is governed instead by the Fifth Amendment and Miranda.
Supporting sources
The identification evidence is suppressed. The prosecution may still attempt an in-court identification if it can prove by clear and convincing evidence that the identification is independent of the uncounseled lineup.
Supporting sources
…to incriminate themselves. We have recently noted that the privilege against self-incrimination is the essential mainstay of our adversary system and has been recognized as a protection to the innocent as well as to the guilty. IV Our decision in Malloy v. Hogan , 378 U.S. 1 (1964), established that the Fifth Amendment…