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:
Custodial Interrogations – Miranda v.
Arraignment – Hamilton v. Alabama
Preliminary Examination/Hearings –
Coleman v. Alabama (1970)
Plea-Bargaining – White v. Maryland
Sentencing/Deferred Sentencing – Mempa
v. Ray (1967)
Probation & Parole Revocation Hearings – Gagnon v. Scarpelli (1973), Morrissey v. Brewer (1972)
Juvenile Delinquency Trials – In re
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.
cite your paper according to APA 6th edition standards