Overview of Right to Counsel Paper

Jul 17th, 2013
Price: $80 USD

Question description

Prepare a 1,750 to 2,100 word (5 to 6 page) paper in which you:

Analyze the aspects of right to counsel using Supreme Court case decisions outlined within our readings. Be sure to answer the question why did the Supreme Court decide the case the way it did?”

· Examine the development of right to counsel by briefly discussing and identifying the issue related to providing counsel by the Supreme Court in Powell v. Alabama (1932), Johnson v. Zerbst (1938), Gideon v. Wainwright (1963), and Argersinger v. Hamlin (1972)

Discuss the limitations on right to counsel imposed by the Supreme Court.

· Right to Choose Counsel – Wheat v. United States (1988)

Discuss how the “critical stage” doctrine is used to determine when counsel is required at pretrial and post-trial proceedings. Discuss these pretrial proceedings, what the identified case says about right to counsel, and why the Supreme Court decided the way it did:

· Police Investigations

· Custodial Interrogations – Miranda v. Arizona (1966)

· Arraignment – Hamilton v. Alabama (1961)

· Preliminary Examination/Hearings – Coleman v. Alabama (1970)

· Plea-Bargaining – White v. Maryland (1963)

· Sentencing/Deferred Sentencing – Mempa v. Ray (1967)

· Probation & Parole Revocation Hearings – Gagnon v. Scarpelli (1973), Morrissey v. Brewer (1972)

· Juvenile Delinquency Trials – In re Gault (1967)

· Right to Counsel on First/Mandatory Appeal – Douglas v. California (1963)

· Right to Counsel on Second/Discretionary Appeals – Ross v. Moffitt (1974)

Discuss what the Supreme Court says the accused is entitled to when defining “effective counsel” according to the Sixth Amendment. Also discuss the two-prong test used to define defective or ineffective counsel discussed in Strickland v. Washington (1984). Identify the only claim presumed by the court to be an example of ineffective assistance by counsel. (Read the Strickland v. Washington case for this information)

Refer to our text Criminal Procedure, Chapter 6, sections “The Development of the Right to Counsel to 1961,” “Powell v. Alabama: The Scottsboro Case,” “After Powell: Toward Incorporation,” “Gideon v. Wainwright and Its Aftermath,” Does Gideon Apply to Misdemeanor Trials?,” “The Right to Counsel After Gideon,” “When Does the Right to Counsel Attach for an Indigent Defendant?,” “Procedures Where No Right to Counsel Attaches,” “Proceedings that May Be Similar to Criminal Trials,”

“Pretrail Proceedings and the Attachment of the Right To Counsel,”

Counsel in Correctional Procedures,” “Probation and Parole Revocation,” The Right to Counsel on Appeal,” “Case & Comments: Strickland v. Washington.”

Use our text as your primary source of information in addition to other scholarly sources. Do not use general Internet searches, i.e. Wikipedia, etc.

Properly cite your paper according to APA 6th edition standards

Tutor Answer

(Top Tutor) Daniel C.
School: Boston College

Studypool has helped 1,244,100 students

Review from our student for this Answer

Jul 20th, 2013
Ask your homework questions. Receive quality answers!

Type your question here (or upload an image)

1820 tutors are online

Brown University

1271 Tutors

California Institute of Technology

2131 Tutors

Carnegie Mellon University

982 Tutors

Columbia University

1256 Tutors

Dartmouth University

2113 Tutors

Emory University

2279 Tutors

Harvard University

599 Tutors

Massachusetts Institute of Technology

2319 Tutors

New York University

1645 Tutors

Notre Dam University

1911 Tutors

Oklahoma University

2122 Tutors

Pennsylvania State University

932 Tutors

Princeton University

1211 Tutors

Stanford University

983 Tutors

University of California

1282 Tutors

Oxford University

123 Tutors

Yale University

2325 Tutors