Difference between revisions of "Right to Counsel (Trial)"
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== Background == | == Background == | ||
| − | 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. |
| Line 9: | Line 9: | ||
"[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]]== | ||
