Ch 9: The Right to Assistance of Counsel at Trial
Order by
10 terms
Terms | Definitions |
|---|---|
 The Sixth Amendment | "In all criminal prosecutions, the accused shall enjoy the right... to have Assistance of Counsel for his defense." |
| The Sixth Amendment, as Applied to the States | An indigent ∆ in a criminal prosecution in a state court has the right to have counsel appointed for him 6th Amendment is made obligatory on the states by the 14th Amendment |
| 6th Only Applies If... | adversary judicial criminal proceedings have commenced against the ∆ |
| Miranda Right to Counsel v. 6th right to Counsel | Miranda - Right to Counsel → right to consult w/ counsel before questioning, and also to have counsel present during interrogation 6th only requires that no indigent criminal ∆ be sentenced to a term of imprisonment unless State has afforded ∆ the right to assistance of appointed counsel • BONNER: Issue is not the threat of imprisonment, but the actual imposition of imprisonment |
| Gideon: Where an indigent ∆ was charged with breaking and entering with intent to commit a misdemeanor, requested but was denied an attorney, and conducted his defense as best as a layman could → | violated 14th due process |
| Where ∆ was denied counsel, was convicted and fined $50 for shoplifting, and the maximum penalty for ∆'s offense was a $500 fine and/or one year in jail → | no 6th violation, ∆ had no right to counsel Why? BONNER: Issue is not the threat of imprisonment, but the actual imposition of imprisonment |
| ∆ is has only been deprived of effective assistance of counsel if: | 1. ∆'s attorney's performance was deficient, when measured against an objective standard of reasonableness; and 2. ∆ was prejudiced in the sense that there was a reasonable probability that, but for counsel's deficient performance, the result of the proceeding would have been different |
| §1983 | defendant may sue a government actor for deprivation of rights |
| 6th guarantees the right to trial by jury only to... | ...∆s charged with serious crimes carrying a possible jail sentence of over 6 months |
| Rule 4.2 (ABA rule) | In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law → many states adopt • ABA rule goes beyond what the 6th Amendment requires • Now if you are investigating X in a state adopting this rule, and X has a lawyer, cannot talk to X before talking to X's lawyer |
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