a public defender


Fifth Amendment Right to Counsel

Posted on January 13, 2009 by Gideon

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After reading the oral argument transcript of Montejo v. Louisiana today, I decided to refresh my memory of the Fifth Amendment Right to Counsel (starting with Miranda). In particular, I was curious to see if anyone had written a paper about the evolution (if any) of this right to counsel. I haven’t come across anything yet, but I did stumble across this.

It is an FBI law enforcement bulletin from 2002, which describes in some depth the 5th and 6th Amendment Rights to Counsel and their respective scopes. It’s a good refresher, if nothing else. Though you do have to wade through the “tips to law enforcement”.

Enjoy.

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