Explain how the right to counsel applies at other stages of the criminal process

Question

What will be an ideal response?

Answer 1

The Court began to turn its attention to the right to counsel at other stages of the criminal process. This right is tied primarily to the Sixth Amendment, but the Court found support for the right to counsel on the grounds of self-incrimination, due process, and equal protection.
The Supreme Court announced (1) "whether potential substantial prejudice to the defendant's rights inheres in the particular confrontation," and (2) whether counsel can "help avoid that prejudice." The familiar Miranda case held that the Fifth Amendment's privilege against self-incrimination grants suspects the right to counsel during custodial interrogations because of the "inherent coerciveness" of such activities. Furthermore, the right to counsel during custodial interrogations applies before or after commencement of formal adversary proceedings.
The right to counsel also stems from the due process clause of the Fourteenth Amendment, but only in certain circumstances. The Fourteenth Amendment has been used to justify the right to counsel primarily in criminal appeals and probation or parole revocation hearings.