Which right guarantees the accused can have counsel during questioning?

Which right guarantees the accused can have counsel during questioning?

• A. Right to counsel
• B. Right to silence
• C. Due process
• D. Right to privacy

Answer: (A)

This item tests the protection that ensures an attorney can be present during questioning. When a person is in custody and being interrogated, they have the right to have an attorney present, as outlined in the Miranda warnings. If they request counsel, questioning must stop until the attorney is available, and any statements made after a request can be suppressed if compelled. If the person cannot afford an attorney, one will be provided. This safeguard helps prevent coercion and ensures the accused can understand and exercise their rights. The other options don’t guarantee an attorney during interrogation: the right to silence shields against self-incrimination but doesn’t promise counsel; due process refers to fair treatment in a broad sense, not the specific presence of counsel; and the right to privacy is unrelated to legal representation during questioning.

This item tests the protection that ensures an attorney can be present during questioning. When a person is in custody and being interrogated, they have the right to have an attorney present, as outlined in the Miranda warnings. If they request counsel, questioning must stop until the attorney is available, and any statements made after a request can be suppressed if compelled. If the person cannot afford an attorney, one will be provided. This safeguard helps prevent coercion and ensures the accused can understand and exercise their rights. The other options don’t guarantee an attorney during interrogation: the right to silence shields against self-incrimination but doesn’t promise counsel; due process refers to fair treatment in a broad sense, not the specific presence of counsel; and the right to privacy is unrelated to legal representation during questioning.