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Criminal Procedure

Sixth Amendment

1974

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Full-Text Articles in Law

A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review Jun 1974

A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review

Michigan Law Review

Article 15 of the Uniform Code of Military Justice (UCMJ) enables a commanding officer to sentence a service member who has committed a minor infraction to thirty days of correctional custody. The article 15 proceeding offers few procedural safeguards; among the protections lacking is the right to counsel. This Note will consider whether the failure of the military to provide counsel at an article 15 proceeding is consistent with the sixth amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." The Note first will discuss ...


Kirby, Biggers, And Ash: Do Any Constitutional Safeguards Remain Against The Danger Of Convicting The Innocent?, Joseph D. Grano Mar 1974

Kirby, Biggers, And Ash: Do Any Constitutional Safeguards Remain Against The Danger Of Convicting The Innocent?, Joseph D. Grano

Michigan Law Review

Even recognizing the danger of misidentification, procedural safeguards, especially constitutional ones, are not readily apparent. Some judges, such as Justice Stewart, find less need for counsel at photographic displays than at lineups; others find an equivalent or even greater need for counsel. Some judges, in approving on-the-scene identifications without counsel, find a guarantee of accuracy in the short interval between the crime and the identification; other judges decry such procedures and find them inherently suggestive. The problem stems directly from the lack of scientific knowledge and inquiry. Therefore, in analyzing the recent identification cases, this Article will draw upon experimental ...