Overview of Right to Counsel Paper

timer Asked: Jul 17th, 2013

Question Description

I’m studying for my Business Law class and need an explanation.

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

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