Right to Counsel (Trial) - Revision history

Ibjadmin: /* Background */

2010-12-09T21:23:29Z

Background

← Older revision		Revision as of 23:23, 9 December 2010
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	Assistance of counsel is the cornerstone of a defendant's constitutional right to counsel.		Assistance of counsel is the cornerstone of a defendant's constitutional right to counsel.

	Both the U.S. Constitution and the New York State Constitution have provisions guaranteeing a defendant the right to representation. U.S. Const. Amend. VI, N.Y. Const., art. I, 6. See also, Gideon v. Wainwright, 372. U.S. 335 (1963), People v. Linares, 2 N.Y.3d 507 (2004).		Both the U.S. Constitution and the New York State Constitution have provisions guaranteeing a defendant the right to representation. U.S. Const. Amend. VI, N.Y. Const., art. I, Section 6. See also, Gideon v. Wainwright, 372. U.S. 335 (1963), People v. Linares, 2 N.Y.3d 507 (2004).

	Article I, 6 of the New York Constitution provides in pertinent part, "In any trial in any court whatever the party accused shall be allowed to appear and defendant in person and with counsel." This constitutional mandate "extends well beyond the right to counsel afforded by the Sixth Amendment of the United States Constitution and other State Constitutions." People v. Davis, 75 N.Y.2d 517, 521 (1990).		Article I, Section 6 of the New York Constitution provides in pertinent part, "In any trial in any court whatever the party accused shall be allowed to appear and defendant in person and with counsel." This constitutional mandate "extends well beyond the right to counsel afforded by the Sixth Amendment of the United States Constitution and other State Constitutions." People v. Davis, 75 N.Y.2d 517, 521 (1990).

	"[T]he right to assistance of counsel is an essential ingredient in our system of criminal jurisprudence, rooted deeply in our concept of a fair trial within the adversarial context." People v. Felder, 47 N.Y.2d 287, 295-296 (1979). Thus, in absence of waiver by the defendant, effective assistance of counsel requires the presence of a licensed attorney-at law. Id. at 293.		"[T]he right to assistance of counsel is an essential ingredient in our system of criminal jurisprudence, rooted deeply in our concept of a fair trial within the adversarial context." People v. Felder, 47 N.Y.2d 287, 295-296 (1979). Thus, in absence of waiver by the defendant, effective assistance of counsel requires the presence of a licensed attorney-at law. Id. at 293.

Ibjadmin: /* Background */

2010-07-17T16:02:48Z

Background

← Older revision		Revision as of 18:02, 17 July 2010
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	== Background ==		== Background ==

	Assistance of counsel is the cornerstone of a defendant's constitutional right to counsel ~~and has~~		Assistance of counsel is the cornerstone of a defendant's constitutional right to counsel.

	Both the U.S. Constitution and the New York State Constitution have provisions guaranteeing a defendant the right to representation. U.S. Const. Amend. VI, N.Y. Const., art. I, � 6. See also, Gideon v. Wainwright, 372. U.S. 335 (1963), People v. Linares, 2 N.Y.3d 507 (2004).		Both the U.S. Constitution and the New York State Constitution have provisions guaranteeing a defendant the right to representation. U.S. Const. Amend. VI, N.Y. Const., art. I, � 6. See also, Gideon v. Wainwright, 372. U.S. 335 (1963), People v. Linares, 2 N.Y.3d 507 (2004).
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	"[T]he right to assistance of counsel is an essential ingredient in our system of criminal jurisprudence, rooted deeply in our concept of a fair trial within the adversarial context." People v. Felder, 47 N.Y.2d 287, 295-296 (1979). Thus, in absence of waiver by the defendant, effective assistance of counsel requires the presence of a licensed attorney-at law. Id. at 293.		"[T]he right to assistance of counsel is an essential ingredient in our system of criminal jurisprudence, rooted deeply in our concept of a fair trial within the adversarial context." People v. Felder, 47 N.Y.2d 287, 295-296 (1979). Thus, in absence of waiver by the defendant, effective assistance of counsel requires the presence of a licensed attorney-at law. Id. at 293.

	In Felder, the court held that representation by a person masquerading as an attorney constituted a per se violation of his constitutional right to assistance of counsel.		In Felder, the court held that representation by a person masquerading as an attorney constituted a per se violation of his constitutional right to assistance of counsel.

	==[[Ineffective Assistance of Counsel]]==		==[[Ineffective Assistance of Counsel]]==

Ibjadmin: /* Ineffective Assistance of Counsel */

2010-06-20T09:54:18Z

Ineffective Assistance of Counsel

← Older revision		Revision as of 11:54, 20 June 2010
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	In Felder, the court held that representation by a person masquerading as an attorney constituted a per se violation of his constitutional right to assistance of counsel.		In Felder, the court held that representation by a person masquerading as an attorney constituted a per se violation of his constitutional right to assistance of counsel.

	==Ineffective Assistance of Counsel==		==[[Ineffective Assistance of Counsel]]==

	In Strickland v. Washington,466 U.S. 668 (1984), the United States Supreme Court held that for a defendant to make out a claim of ineffective assistance of counsel, the defendant must show that 1) counsel's performance was deficient in that it fell below an objective standard of reasonableness and 2) that counsel's deficiencies so prejudiced his case so as to render the outcome of his trial unreliable and therefore unfair.		In Strickland v. Washington,466 U.S. 668 (1984), the United States Supreme Court held that for a defendant to make out a claim of ineffective assistance of counsel, the defendant must show that 1) counsel's performance was deficient in that it fell below an objective standard of reasonableness and 2) that counsel's deficiencies so prejudiced his case so as to render the outcome of his trial unreliable and therefore unfair.

	==Per se Ineffective Assistance of Counsel==		==Per se Ineffective Assistance of Counsel==

Ibjadmin: /* Rights of the accused */

2010-06-08T20:28:42Z

Rights of the accused

@@ Line 21: / Line 21: @@
 Other jurisdictions have held similarly.
-'''Table of Contents'''
+----
-===Rights/ Protections from Police===
+See [[Rights of the Accused]]

Ddemetriou at 13:05, 1 June 2010

2010-06-01T13:05:19Z

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	'''Table of Contents'''		'''Table of Contents'''
			===Rights/ Protections from Police===
	== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
	* [[Confessions]]		* [[Confessions]]
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	* [[Search and Seizure]]		* [[Search and Seizure]]

	== Rights during Detention ==		===Rights during Detention===
	* [[Freedom from Punishment]]		* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
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	* Right to medical care		* Right to medical care

	== Rights at Trial ==		===Rights at Trial===
	* [[Double Jeopardy]]		* [[Double Jeopardy]]
	* [[Legality Principle]]		* [[Legality Principle]]
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	* Right to Trial by Jury		* Right to Trial by Jury

	== Sentencing ==		===Sentencing===
	* [[Death Sentence]]		* [[Death Sentence]]
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
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	* Right Not to be Fined Excessively		* Right Not to be Fined Excessively

	== Rights in Prison ==		===Rights in Prison===

Agaiser at 11:52, 1 June 2010

2010-06-01T11:52:55Z

← Older revision		Revision as of 13:52, 1 June 2010
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	'''Table of Contents'''		'''Table of Contents'''

	===Rights ~~with~~ Police ===		== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
			* [[Confessions]]
			* [[Pretrial Identification]]
			* [[Right to Counsel]]
	* [[Right to Silence]]		* [[Right to Silence]]
	* [[Search and Seizure]]		* [[Search and Seizure]]
	* [[Right to Counsel]]
	* [[Confessions]]
	* [[Pretrial Identification]]

	===Rights at Detention===		== Rights during Detention ==
			* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
	* [[Right to Habeas Corpus]]		* [[Right to Habeas Corpus]]
	* [[Right to be free of punishment]]
	* Right to medical care		* Right to medical care

	===Rights at Trial===		== Rights at Trial ==
	* [[~~Right to a Fair Trial~~]]		* [[Double Jeopardy]]
	* [[~~Right to Notice of Charges~~]]		* [[Legality Principle]]
	* ~~Right to Trial by Jury~~		* [[Presumption of Innocence]]
	* [[Right to Compulsory Process]]		* [[Right to Compulsory Process]]
	* [[Right to Confront Witnesses]]		* [[Right to Confront Witnesses]]
			* [[Right to Counsel (Trial)\| Right to Counsel]]
			* [[Right to Fair Trial]]
			* [[Right to Notice of Charges]]
	* [[Right to a Speedy Trial]]		* [[Right to a Speedy Trial]]
	* [[Right to ~~Counsel (~~Trial~~)\| Right to Counsel]]~~		* Right to Trial by Jury
	* [[Presumption of Innocence]]
	* [[Double Jeopardy]]

	~~===Sentencing===~~

	* Right to sentence free of torture		== Sentencing ==
	* [[Right to sentence without cruel or unusual punishment]]
	* [[Death Sentence]]		* [[Death Sentence]]
	* Right to fines that are not excessive
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
			* [[Freedom from Cruel or Unusual Punishment]]
			* Freedom from Torture
	* [[Right to Appeal]]		* [[Right to Appeal]]
			* Right Not to be Fined Excessively

	===Rights in Prison===		== Rights in Prison ==

Ddemetriou at 08:11, 31 May 2010

2010-05-31T08:11:37Z

← Older revision		Revision as of 10:11, 31 May 2010
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	== Background ==		== Background ==

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	Other jurisdictions have held similarly.		Other jurisdictions have held similarly.

			== Rights of the accused ==

			'''Table of Contents'''

			===Rights with Police ===
			* [[Arrest]]
			* [[Right to Silence]]
			* [[Search and Seizure]]
			* [[Right to Counsel]]
			* [[Confessions]]
			* [[Pretrial Identification]]

			===Rights at Detention===
			* [[Right to Counsel]]
			* [[Right to Habeas Corpus]]
			* [[Right to be free of punishment]]
			* Right to medical care

			===Rights at Trial===
			* [[Right to a Fair Trial]]
			* [[Right to Notice of Charges]]
			* Right to Trial by Jury
			* [[Right to Compulsory Process]]
			* [[Right to Confront Witnesses]]
			* [[Right to a Speedy Trial]]
			* [[Right to Counsel (Trial)\| Right to Counsel]]
			* [[Presumption of Innocence]]
			* [[Double Jeopardy]]

			===Sentencing===

			* Right to sentence free of torture
			* [[Right to sentence without cruel or unusual punishment]]
			* [[Death Sentence]]
			* Right to fines that are not excessive
			* [[Ex Post Facto Punishment]]
			* [[Right to Appeal]]

			===Rights in Prison===

Ibjadmin: Created page with ' == Background == Assistance of counsel is the cornerstone of a defendant's constitutional right to counsel and has Both the U.S. Constitution and the New York State Consti�'

2010-05-05T19:24:05Z

Created page with ' == Background == Assistance of counsel is the cornerstone of a defendant's constitutional right to counsel and has Both the U.S. Constitution and the New York State Consti�'

New page

== Background ==

Assistance of counsel is the cornerstone of a defendant's constitutional right to counsel and has

Both the U.S. Constitution and the New York State Constitution have provisions guaranteeing a defendant the right to representation. U.S. Const. Amend. VI, N.Y. Const., art. I, � 6. See also, Gideon v. Wainwright, 372. U.S. 335 (1963), People v. Linares, 2 N.Y.3d 507 (2004).

Article I, � 6 of the New York Constitution provides in pertinent part, "In any trial in any court whatever the party accused shall be allowed to appear and defendant in person and with counsel." This constitutional mandate "extends well beyond the right to counsel afforded by the Sixth Amendment of the United States Constitution and other State Constitutions." People v. Davis, 75 N.Y.2d 517, 521 (1990).

"[T]he right to assistance of counsel is an essential ingredient in our system of criminal jurisprudence, rooted deeply in our concept of a fair trial within the adversarial context." People v. Felder, 47 N.Y.2d 287, 295-296 (1979). Thus, in absence of waiver by the defendant, effective assistance of counsel requires the presence of a licensed attorney-at law. Id. at 293.

In Felder, the court held that representation by a person masquerading as an attorney constituted a per se violation of his constitutional right to assistance of counsel.

==Ineffective Assistance of Counsel==

In Strickland v. Washington,466 U.S. 668 (1984), the United States Supreme Court held that for a defendant to make out a claim of ineffective assistance of counsel, the defendant must show that 1) counsel's performance was deficient in that it fell below an objective standard of reasonableness and 2) that counsel's deficiencies so prejudiced his case so as to render the outcome of his trial unreliable and therefore unfair.

==Per se Ineffective Assistance of Counsel==

In the United States, the right to counsel may be strictly construed. If a client is unknowingly represented by an individual masquerading as an attorney, he will have a claim of per se ineffective assistance of counsel. In a per se case, the court should not apply harmless error analysis. The mere fact that the defendant was not represented by an attorney can result in remand for a new trial. "[T]he right to assistance of counsel is an essential ingredient in our system of criminal jurisprudence, rooted deeply in our concept of a fair trial within the adversarial context." People v. Felder, 47 N.Y.2d 287, 295-296 (1979). Thus, in absence of waiver by the defendant, effective assistance of counsel requires the presence of a licensed attorney-at law. In Felder, the court held that representation by a person masquerading as an attorney constituted a per se violation of his constitutional right to assistance of counsel.

Other jurisdictions have held similarly.