Also known as: adversarial judicial criminal proceedings · adversarial proceedings · adversary proceeding
Written by attorneys · grounded in primary & secondary sources — see below
The formal commencement of a criminal prosecution by way of formal charge, preliminary hearing, indictment, information, or arraignment. This point marks the beginning of a criminal prosecution under the Sixth Amendment and triggers the right to counsel at critical stages of the case.
Adam Anderson is indicted for robbery. Police later arrange a lineup at the station where a witness identifies him as the perpetrator. Because adversary judicial criminal proceedings have begun, Adam is entitled to have counsel present during the identification procedure.
Alice Atkins is convicted after a jury trial. At sentencing the judge applies guidelines that increase her range based on judicial fact-finding. The initiation of adversary judicial criminal proceedings means Alice already enjoyed the full protections of the Sixth Amendment throughout the case.
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Abigail Alvarez is arraigned on felony charges and asks to represent herself. Because adversary judicial criminal proceedings have started, the court must determine whether her waiver of counsel is knowing and intelligent before allowing her to proceed pro se.
Anika Anand is arrested pursuant to a warrant issued after indictment. Officers search her home immediately after the arrest. The prior commencement of adversary judicial criminal proceedings confirms that the arrest itself was the product of formal charging rather than mere investigation.
Ariana Azizi is tried for assault. The prosecution offers a recorded statement made by the complainant at a preliminary hearing after formal charges were filed. Because adversary judicial criminal proceedings had begun, the statement is testimonial and subject to the confrontation requirement.
Arthur Abrams is arrested on suspicion of theft but released without charges. Police later conduct a stationhouse showup using the same witness. Because no formal charge or other triggering event has occurred, adversary judicial criminal proceedings have not begun and counsel is not required at the showup.
The right attaches only upon the initiation of adversary judicial criminal proceedings, whether by formal charge, preliminary hearing, indictment, information, or arraignment. Before that point, no Sixth Amendment right to counsel exists for identification procedures or questioning.
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Yes. Once adversary judicial criminal proceedings begin on one offense, the right protects only that charged offense. Police may still question a defendant about separate, uncharged crimes without violating the Sixth Amendment.
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No. The Supreme Court has held that the Sixth Amendment right to counsel at identification procedures applies only after the initiation of adversary judicial criminal proceedings. A lineup conducted before any formal charge therefore does not require counsel.
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…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…