critical stages of proceedings

A critical stage of proceeding is a term used in criminal procedure to denote the stage at which a person accused of a crime will receive the right to counsel and, at which, if that right is denied, later proceedings will be prejudiced . This right to counsel is based upon the due process clause of the 14th amendment and the 6th amendment .

As the Supreme Court established in Kentucky v. Stincer , a critical stage of proceeding is any stage in which the defendant’s presence has a reasonably substantial relation to their ability to defend themselves. Further cases have concluded that a critical stage of proceeding is one in which the defendant’s presence increases the fairness of the proceeding.

Examples of critical stages of proceeding include trials , police interrogations , and some pre-trial hearings.

[Last reviewed in July of 2022 by the Wex Definitions Team ]

Keywords

• criminal procedure

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