Published by the Indiana Judicial Center
Sixth Amendment jury trial right’s “fair cross-section” requirement demands no particular method for determining fair representation of “distinctive groups.”
Advice that a suspect has “the right to talk to a lawyer before answering any of [the law enforcement officers’] questions,” and that he can invoke this right “at any time. . . during th[e] interview,” satisfies Miranda requirement of advice of suspect’s right to have a lawyer with him during interrogation.
State law, not the Constitution, determines the consequences of an erroneous denial of a peremptory challenge, when all jurors selected are qualified and unbiased.
Under 6th Amendment speedy trial right, the delays in trial attributable to continuances and other extensions sought by appointed defense counsel, many due to defendant’s intransigence, were not chargeable to the State.
Arizona v. Johnson (U.S., Ginsburg, J.) – During a lawful stop for a traffic infraction, the police may conduct a patdown search of a passenger whom they reasonably suspect to be armed and dangerous.
Jane Seigel, Executive Director
Michael J. McMahon, Director of Research
Amanda Wishin, Staff Attorney
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