CJA 315 Right to Counsel Presentation

16 Oct No Comments

Right To Counsel

CJA/315

Objectives

The aspects of right to counsel for the cases.How the historical development of right to counsel relates to the cases.When the right to counsel attaches to criminal procedure for the cases.Whether the defendants in the cases exercised their right self-representation.The role of the attorneys in the cases as it applies to right to counsel.

Cases involving right to counsel

Gideon v. Wainwright 372 U.S. 335 (1963)Clarence Gideon was arrested and charged with breaking and entering with intent to commit a misdemeanor which was a felony under Florida law. Gideon represented himself at trial. He was found guilty and sentenced to five years.

Argersinger v. Hamlin 407 U.S. 25 (1972)Jon Argersinger was charged in a Florida State court for carrying a concealed weapon. A misdemeanor punishable by up to six months in jail and/or a $1000 fine. He was not represented by counsel and represented himself at a bench trial. He was found guilty and sentenced to 90 days.

The Aspects of Right to Counsel

The Right to CounselThe Sixth Amendment to the U.S. constitution grants all defendants the right to an attorney from the moment they are taken into custody by law enforcement.Gideon v. WainwrightDid not have representationCould not afford representationThe Sixth Amendment applied only to capital casesArgersinger v. HamlinDid not have representationCould not afford representationRight to counsel extended only to defendants accused of a crime punishable by six months or more in prison.

Historical Development of Right to Counsel

Gideon v. WainwrightThe Supreme Court ruled that the constitution requires the states to provide attorneys to criminal defendants charged with serious offenses if the defendant can not afford to pay for his own lawyer.

Argersinger v. HamlinThe U.S. Supreme Court ruled that the Sixth Amendment requires an attorney be provided to represent every indigent defendant who is facing loss of liberty for any amount of time and on any charge.

The Right to Counsel and Criminal Procedure

The right to counsel attaches to criminal procedures at the start of a judicial proceeding against an individual.

Right to Self-Representation

Gideon v. WainwrightGideon had no choice but to represent him self since he was unable to afford his own attorney.

Argersinger v. HamlinArgersinger represented him self when he was denied an attorney because his crime wasn’t serious enough.

Role of the Defense Attorney

Guides the defendant through the various stages of the judicial process

Protects the defendants rights from being violated

Advise the defendant of his rights

To properly and adequately defend his client

Role of the Prosecuting Attorney

Offer plea deals Interview witnesses Represents the people

Conclusion

In Gideon v. Wainwright, the Court said, “reason and reflection, require us to recognize that, in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.

References

Argersinger v. Hamlin. (2010). Retrieved from http://nlada.net/library/article/na_argersingervhamlinDefense Attorneys Responsibilites. (2016). Retrieved from https://enlightenme.com/defense-attorneys/Montana, J.S. (2001). Right to Counsel: Courts Adhere to Bright-line Limits . Retrieved from http://www.americanbar.org/publications/criminal_justice_magazine_home/crimjust_cjmag_16_2_montanta.htmlRight to Counsel Clause. (2012). Retrieved from http://www.heritage.org/constitution#!/amendments/6/essays/158/right-to-counsel-clauseThe Right to Counsel. (2016). Retrieved from http://sixthamendment.org/the-right-to-counsel/Your Right to Represent Yourself in a Criminal Case. (2016). Retrieved from http://www.nolo.com/legal-encyclopedia/right-represent-yourself-criminal-case.html    




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