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Right to Counsel
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6th Amendment guarantee
The 6th Amendment provides the accused the right to assistance of counsel for his defense in all criminal prosecutions.
Gideon v. Wainwright (1963)
Established the right to counsel for all indigent defendants in felony cases at the state level.
Effective Assistance of Counsel
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.
Argersinger v. Hamlin (1972)
Extended the right to counsel to any defendant facing a potential sentence of imprisonment, even for petty offenses.
Right to self-representation
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.
Miranda v. Arizona (1966)
Established the requirement for police to inform arrested individuals of their rights, including the right to an attorney, before interrogation.
Counsel during plea bargaining
The right to counsel extends to the plea bargaining process as established in Missouri v. Frye and Lafler v. Cooper.
Right to counsel on appeal
Indigent defendants are entitled to counsel in their first appeal as of right, following Douglas v. California.
Ineffective assistance of counsel claims
Defendants can challenge a conviction by arguing their counsel's performance fell below an objective standard of reasonableness, following Strickland v. Washington.
Right to Counsel for Juveniles
In re Gault guaranteed the right to counsel for juveniles in delinquency proceedings.
Counsel's role at a lineup
United States v. Wade and Gilbert v. California ensured the right to counsel during post-indictment lineups.
Denial of counsel and retrial
If a court concludes that a defendant was unconstitutionally denied counsel, the typical remedy is a retrial.
Public Defender System
A system created to ensure that indigent defendants receive legal representation, often established by state or local governments.
Assigned Counsel System
A system where a court appoints a private attorney to represent an indigent defendant. The attorney is usually compensated by the government.
Contract Attorney System
A system where the government contracts with a law firm or legal organization to provide representation to indigent defendants.
Pro Bono Representation
Legal work performed voluntarily and without payment as a public service, particularly for indigent clients or noble causes.
Indigent Defense
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.
Legal Aid Societies
Nonprofit organizations that provide legal services to those who cannot afford them, often supported by charitable donations and government funding.
Capital Cases and the Right to Counsel
The Supreme Court has recognized the critical importance of counsel in death penalty cases, with heightened standards for effective representation.
Conflicts of Interest in Representation
An attorney must avoid conflicts of interest to provide effective representation. Cuyler v. Sullivan addresses the issues related to such conflicts.
Counsel at Sentencing
Defendants have the right to counsel during the sentencing phase, as this stage is critical to ensuring their rights are protected.
Right to Counsel for Misdemeanors
Scott v. Illinois clarified that counsel must be provided only if imprisonment is actually imposed for a misdemeanor conviction.
Financial Threshold for Indigent Defense
Courts will assess a defendant's financial situation to determine eligibility for a public defender or court-appointed counsel.
Counsel for Parole and Probation Hearings
The right to counsel is generally not extended to parole and probation revocation hearings; however, certain circumstances may warrant legal representation.
Ineffective Counsel and Plea Bargains
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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