Also known as: adversarial judicial proceedings · adversary proceedings · adversarial system · adversary system
Written by attorneys · grounded in primary & secondary sources — see below
The formal commencement of a criminal prosecution by indictment, information, preliminary hearing, or arraignment. This event solidifies the government's commitment to prosecute and marks the point at which the Sixth Amendment right to counsel attaches at all critical stages.
Andre Antoine was arrested on suspicion of robbery but no charges had been filed. Police conducted a station-house lineup the next day using a witness who identified him. Because no formal adversary judicial proceedings had begun, the identification occurred without counsel present and the Sixth Amendment provided no basis to suppress it.
Aaron Adams was indicted for embezzlement and appointed counsel. While in jail an undercover officer posed as a cellmate and deliberately steered conversation toward the charged conduct. The resulting statements were obtained after adversary judicial proceedings had begun and were therefore inadmissible without a valid waiver of counsel.
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Audrey Ashton appeared before a magistrate who announced the charges and set bond. Later that day officers took her to a facility to reenact the alleged offense without counsel present. Because formal adversary judicial proceedings had begun, the reenactment constituted a critical stage at which counsel was required.
Angela Acosta was taken into custody on an arrest warrant for assault. Officers conducted a show-up identification before any indictment or information was filed. The absence of formal adversary judicial proceedings meant the Sixth Amendment right to counsel had not attached at the identification.
Abigail Alvarez was arrested and questioned about a suspected fraud scheme. No charges had been filed and no judicial proceeding had occurred. Officers obtained a voluntary statement after Miranda warnings, and the Sixth Amendment imposed no bar because adversary judicial proceedings had not yet begun.
Arthur Abrams was indicted and counsel was appointed. Counsel failed to investigate readily available exculpatory records that would have undermined the prosecution's case. Because adversary judicial proceedings had begun, the Sixth Amendment required effective assistance at this critical stage of the prosecution.
The right attaches only after the initiation of formal adversary judicial proceedings such as indictment, information, preliminary hearing, or arraignment. An arrest alone does not trigger attachment.
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No. The Sixth Amendment does not apply to identification procedures conducted before formal adversary judicial proceedings have begun.
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No. Once adversary judicial proceedings have begun, the Sixth Amendment prohibits deliberate elicitation of incriminating statements about the charged offense without counsel or a valid waiver.
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Yes. The protection extends only to the charged offense for which proceedings have begun and does not bar questioning about unrelated uncharged crimes.
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…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…