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Right to Counsel

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Public Defender System

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A system created to ensure that indigent defendants receive legal representation, often established by state or local governments.

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Right to counsel on appeal

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Indigent defendants are entitled to counsel in their first appeal as of right, following Douglas v. California.

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Contract Attorney System

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A system where the government contracts with a law firm or legal organization to provide representation to indigent defendants.

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Gideon v. Wainwright (1963)

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Established the right to counsel for all indigent defendants in felony cases at the state level.

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6th Amendment guarantee

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The 6th Amendment provides the accused the right to assistance of counsel for his defense in all criminal prosecutions.

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Right to Counsel for Juveniles

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In re Gault guaranteed the right to counsel for juveniles in delinquency proceedings.

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Ineffective assistance of counsel claims

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Defendants can challenge a conviction by arguing their counsel's performance fell below an objective standard of reasonableness, following Strickland v. Washington.

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Denial of counsel and retrial

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If a court concludes that a defendant was unconstitutionally denied counsel, the typical remedy is a retrial.

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Financial Threshold for Indigent Defense

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Courts will assess a defendant's financial situation to determine eligibility for a public defender or court-appointed counsel.

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Counsel for Parole and Probation Hearings

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The right to counsel is generally not extended to parole and probation revocation hearings; however, certain circumstances may warrant legal representation.

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Pro Bono Representation

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Legal work performed voluntarily and without payment as a public service, particularly for indigent clients or noble causes.

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Legal Aid Societies

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Nonprofit organizations that provide legal services to those who cannot afford them, often supported by charitable donations and government funding.

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Counsel during plea bargaining

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The right to counsel extends to the plea bargaining process as established in Missouri v. Frye and Lafler v. Cooper.

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Counsel at Sentencing

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Defendants have the right to counsel during the sentencing phase, as this stage is critical to ensuring their rights are protected.

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Right to Counsel for Misdemeanors

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Scott v. Illinois clarified that counsel must be provided only if imprisonment is actually imposed for a misdemeanor conviction.

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Indigent Defense

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The provision of legal representation to those unable to afford it. Gideon v. Wainwright was pivotal in validating the state's duty to provide counsel to the poor.

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Argersinger v. Hamlin (1972)

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Extended the right to counsel to any defendant facing a potential sentence of imprisonment, even for petty offenses.

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Capital Cases and the Right to Counsel

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The Supreme Court has recognized the critical importance of counsel in death penalty cases, with heightened standards for effective representation.

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Miranda v. Arizona (1966)

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Established the requirement for police to inform arrested individuals of their rights, including the right to an attorney, before interrogation.

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Effective Assistance of Counsel

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Defendants are not only entitled to a lawyer, but also to an effective one. Courts use the Strickland v. Washington test to determine if counsel was effective.

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Right to self-representation

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Defendants may waive the right to counsel and represent themselves, but the waiver must be made knowingly and intelligently. Faretta v. California outlines this right.

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Counsel's role at a lineup

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United States v. Wade and Gilbert v. California ensured the right to counsel during post-indictment lineups.

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Ineffective Counsel and Plea Bargains

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Where defense counsel's ineffective advice led to a client accepting a plea bargain, the defendant may have grounds to vacate the plea, per Padilla v. Kentucky.

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Assigned Counsel System

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A system where a court appoints a private attorney to represent an indigent defendant. The attorney is usually compensated by the government.

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Conflicts of Interest in Representation

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An attorney must avoid conflicts of interest to provide effective representation. Cuyler v. Sullivan addresses the issues related to such conflicts.

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