Difference between revisions of "Right to Counsel"

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* The 6th Amendment of the United States Constitution states that "in all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his defense."  In [[Gideon v. Wainwright, 372 U.S. 335 (1963)]] the right to counsel was incorporated against the states. The right to counsel only attaches in those chases where a prison sentence is imposed. Argersinger v. Hamlin, 407 U.S. 25 (1972). Thus, if the crime is only punishable by a fine, the defendant has no right to counsel under the 6th Amendment. They may, however, have some right to counsel under a State Constitution or other, similar, provision. For example, in Indiana, a defendant has a constitutional right to counsel in misdemeanor cases.
 
* The 6th Amendment of the United States Constitution states that "in all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel for his defense."  In [[Gideon v. Wainwright, 372 U.S. 335 (1963)]] the right to counsel was incorporated against the states. The right to counsel only attaches in those chases where a prison sentence is imposed. Argersinger v. Hamlin, 407 U.S. 25 (1972). Thus, if the crime is only punishable by a fine, the defendant has no right to counsel under the 6th Amendment. They may, however, have some right to counsel under a State Constitution or other, similar, provision. For example, in Indiana, a defendant has a constitutional right to counsel in misdemeanor cases.
 
* In the recent U.S. Supreme court case Rothgery v. Gillespie County, 554 U.S. ___, The Supreme Court held 8-1 that ""a criminal defendant's initial appearance before a judicial officer, where he learns the charge against him and his liberty is subject to restriction, marks the start of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel."
 
* In the recent U.S. Supreme court case Rothgery v. Gillespie County, 554 U.S. ___, The Supreme Court held 8-1 that ""a criminal defendant's initial appearance before a judicial officer, where he learns the charge against him and his liberty is subject to restriction, marks the start of adversary judicial proceedings that trigger attachment of the Sixth Amendment right to counsel."
* A defendant may chose to waive the right to counsel and represent herself at trial. Faretta v. California, 422 U.S. 806 (1975). In order for waiver to be valid, the court must find the waiver both intelligent and voluntary. Johnson v. Zerbst, 304 U.S. 458 (1938).
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* A defendant may choose to waive the right to counsel and represent herself at trial. Faretta v. California, 422 U.S. 806 (1975). In order for waiver to be valid, the court must find the waiver both intelligent and voluntary. Johnson v. Zerbst, 304 U.S. 458 (1938).
  
 
===Zimbabwe===
 
===Zimbabwe===

Revision as of 15:36, 2 June 2010