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Topic: Right to counsel

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	The FBI Law Enforcement Bulletin: Invoking the Miranda right to counsel: the defe... @ HighBeam Research (Site not responding. Last check: 2007-10-10)
		Invoking the Miranda right to counsel: the defendant's burden.
		If the Miranda right to counsel can be invoked at a preliminary hearing, it could be argued, there is no logical reason why it could not be invoked by a letter prior to arrest, or indeed even prior to identification as a suspect.
		Rather, the court concluded that defense counsel's statement served only to invoke the sixth amendment right to counsel, which is crime-specific, and precluded only subsequent interrogation regarding the crime charged.(24) Government-initiated interrogation pertaining to uncharged offenses, which was at issue in this case, was not affected by counsel's attempted invocation.
	www.highbeam.com /library/doc0.asp?DOCID=1G1:16984618&refid=ip_encyclopedia_hf (2127 words)

	Right to Counsel: Gideon v. Wainwright (1963)
		Held: The right of an indigent defendant in a criminal trial to have the assistance of counsel is a fundamental right essential to a fair trial, and petitioner's trial and conviction without the assistance of counsel violated the Fourteenth Amendment.
		Betts was advised that it was not the practice in that county to appoint counsel for indigent defendants except in murder and rape cases.
		We concluded that certain fundamental rights, safeguarded by the first eight amendments against federal action, were also safeguarded against state action by the due process of law clause of the Fourteenth Amendment, and among them the fundamental right of the accused to the aid of counsel in a criminal prosecution.
	www.nationalcenter.org /cc0727.htm (4284 words)

	Constitutional Right to Counsel - Scottsboro Boy's Trial
		The fact that the right of an accused person to have counsel for his defense was guaranteed expressly (as respects the federal Government) by the Sixth Amendment, notwithstanding the presence of the due process clause in the Fifth Amendment, does not exclude that right from the concept "due process of law." Pp.
		The right of the accused, at least in a capital case, to have the aid of counsel for his defense, which includes the right to have sufficient time to advise with counsel and to prepare a defense, is one of the fundamental rights guaranteed by the due process clause of the Fourteenth Amendment.
		Counsel, by their own statements, show that they not only had time for preparation of their case, but that they knew and proceeded along proper lines for a week prior to the trial.
	www.fa-ir.org /ai/scottsboro.htm (3282 words)

	YCJA Explained-Modules-Right to Counsel-Explanatory Text (Site not responding. Last check: 2007-10-10)
		It should be noted that the right to counsel belongs to the young person — it is not exercised through a parent or guardian.
		If consultation with counsel, a parent or other adult occurs, the young person must be given a reasonable opportunity to give the statement in the presence of the person with whom he or she has consulted (paragraph 146(2)(d)).
		Furthermore, a young person must be advised of the right to counsel and be given a reasonable opportunity to consult with counsel before consenting to the application of an extrajudicial sanction (paragraph 10(2)(d)).
	canada.justice.gc.ca /en/ps/yj/repository/3modules/10rights/3100301a.html (837 words)

	Letter to the Department of Defense: Right to Counsel in Military Commissions (Human Rights Watch, October 21, 2003)
		Nevertheless, we remain concerned that certain rules impose unjustifiable limitations on the right to counsel and effective representation, and as such are inconsistent with principles firmly embedded in U.S. constitutional law, the rules for courts-martial, and international human rights law.
		The revised rule permits counsel to communicate about the case with potential witnesses, members of the defense team, commission personnel, and "other individuals with particularized knowledge." It is not clear whether such individuals must have particularized knowledge of specific facts related to the case.
		The right to counsel and right to a fair trial are clearly jeopardized when the officials who are the captors, jailers, prosecutors, and judges of the accused can listen in to all their conversations with their attorneys, regardless of the subsequent use to which information gleaned from those conversations is put.
	www.hrw.org /press/2003/10/us102003-ltr.htm (1798 words)

	NLADA: About NLADA - History of Right to Counsel (Site not responding. Last check: 2007-10-10)
		to have the Assistance of Counsel for his defence." The right to counsel in federal proceedings was well-established by statute early in the country's history, and was reaffirmed by the U.S. Supreme Court in 1938 in Johnson v.
		The right to counsel in trial courts was significantly expanded again when the Court, in Argersinger v.
		Hamlin, extended the right to counsel to all misdemeanor state proceedings where there is a potential loss of liberty.
	www.nlada.org /About/About_HistoryDefender (955 words)

	LII: Constitution (Site not responding. Last check: 2007-10-10)
		A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
		The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
		In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
	www.law.cornell.edu /constitution/constitution.billofrights.html (273 words)

	Invoking the Miranda Right to Counsel
		Wisconsin.15 In McNeil, the Court was confronted with the question of whether an invocation of the sixth amendment right to counsel encompassed an invocation of the Miranda right to counsel as well.
		The fact that we have allowed the Miranda right to counsel, once asserted, to be effective with respect to future custodial interrogation does not necessarily mean that we will allow it to be asserted initially outside the context of custodial interrogation, with similar future effect.
		In his motion to suppress, the defendant argued that signing the form letter was sufficient to invoke his Miranda right to counsel and to "thwart any further police-initiated questioning." 20 However, after reviewing the Supreme Court's decision in McNeil and revisiting the underlying rationale in Miranda, the court rejected this argument.
	www.lectlaw.com /files/cri13.htm (1988 words)

	Gideon v. Wainwright, 1963 - Indigent's Right to Appointed Counsel
		It was for this reason the Betts Court refused to accept the contention that the Sixth Amendment's guarantee of counsel for indigent federal defendants was extended to or, in the words of that Court, 'made obligatory upon the states by the Fourteenth Amendment'.
		Plainly, had the Court concluded that appointment of counsel for an indigent criminal defendant was 'a fundamental right, essential to a fair trial,' it would have held that the Fourteenth Amendment requires appointment of counsel in a state court, just as the Sixth Amendment requires in a federal court.
		In Ferguson we struck down a state practice denying the appellant the effective assistance of counsel, cautioning that '(o)ur decision does not turn on the facts that the appellant was tried for a capital offense and was represented by employed counsel.
	www.lectlaw.com /files/case17.htm (4004 words)

	The FBI Law Enforcement Bulletin: The Sixth Amendment Right to Counsel. @ HighBeam Research (Site not responding. Last check: 2007-10-10)
		The right to counsel derived from the Fifth Amendment protection against compelled self incrimination was introduced by the Supreme Court in Miranda v.
		Consequently, once the Sixth Amendment right to counsel has attached, the accused and defense counsel have the right to be notified of an intended lineup concerning the charged offense and, the lineup cannot be conducted absent the presence of defense counsel or an intelligent waiver executed by the accused.
		Unlike an invocation of the right to counsel under Miranda, which must be clear and unequivocal, [26] an invocation of the Sixth Amendment right may be unintentional.
	www.highbeam.com /library/doc0.asp?DOCID=1G1:77417465&refid=holomed_1 (2502 words)

	NLADA: Defender Legal Services - Right to Counsel Resource Kit (Site not responding. Last check: 2007-10-10)
		According to the decision, "[t]he right of an indigent defendant in a criminal trial to have the assistance of counsel is a fundamental right essential to a fair trial, and petitioner's trial and conviction without the assistance of counsel violated the Fourteenth Amendment."
		The right to counsel is the most fundamental procedural safeguard to assure a fair trial in which the government and the accused stand equal before the law.
		Clients are screened for eligibiligy, and defense counsel is assigned and notified of appointment, as soon as feasible after clients' arrest, detention, or request for counsel.
	www.nlada.org /Defender/Defender_Kit/NCRC (765 words)

	WHAT HAPPENED TO YOUR RIGHT TO COUNSEL ?
		Clearly the intent of the law as passed by Congress was to allow all middle class and poor persons the right to counsel before an attorney could force them into court and take their property.
		It is clear that the right to counsel belongs to the citizen as it has always belonged to the people.
		If the law granting free counsel were in effect, the billions of dollars would have been used to pay a fair fee to the lawyers and the remainder could have been used to pay for counsel for the poor.
	home.swbell.net /truelaw/28USC1915.html.030923201715 (888 words)

	ABA Law Day: For Schools: Lessons 7-9: The Right to Counsel
		Originally, the right to counsel was narrowly interpreted to mean that those who could afford an attorney should not be denied the right to hire one.
		The right to counsel was permitted at trial, but not proceedings before or after it.
		Suggested topics include an examination of the stages at which counsel is required (e.g., upon arrest, at lineups, for appeals), the right to defend oneself, the right to competent counsel, the nature of the attorney-client relationship and the representation of the unpopular or despicable client.
	www.abanet.org /publiced/lawday/schools/lessons/79_counsel.html (1007 words)

	First Principles: Constitutional Matters: Right to Counsel (Site not responding. Last check: 2007-10-10)
		Wiest, No. 03-0106, 59 MJ 276 (the right to counsel is fundamental to our system of justice).
		Seay, No. 03-0246, 60 MJ 73 (the Fifth Amendment right to counsel applies to pretrial interrogation; the Sixth Amendment provides criminal accused the right to counsel during criminal proceedings).
		Seay, No. 03-0246, 60 MJ 73 (custodial interrogation may be reinitiated without counsel being present where a suspect is provided a meaningful opportunity to consult with counsel, and subsequently waives his right to counsel).
	www.armfor.uscourts.gov /digest/2004dig/IB12.htm (125 words)

	Shelton & Fraser Impact on Right to Counsel - The Advocate: Nov. 2002 (Site not responding. Last check: 2007-10-10)
		Commonwealth, Ky., 59 S.W.3d 448 (2001), diminishes the right to counsel in post-conviction proceedings.
		Without counsel, we as a society cannot be assured that the verdict, the judgment, the defendant's decision are reliable.
		The right to counsel at the post-conviction stage is less clear in Kentucky.
	dpa.state.ky.us /library/advocate/nov02/shelton.html (2370 words)

	The Right to Counsel (Site not responding. Last check: 2007-10-10)
		The accused has the right to be represented by counsel at the pretrial confinement hearing when a determination is made regarding continued pretrial confinement, at the Article 32 investigation, and during all court-martial sessions.
		(1) The accused was advised of is right to confer with counsel;
		The accused has the right to be represented at court-martial by a detailed military defense counsel, who is provided at no expense to the accused.
	www.sicily.navy.mil /nlso/miljus4.htm (401 words)

	IEJS > Law > Procedure > Right to Counsel
		WAINWRIGHT, 372 U.S. "The right of an indigent defendant in a criminal trial to have the assistance of counsel is a fundamental right essential to a fair trial, and petitioner's trial and conviction without the assistance of counsel violated the Fourteenth Amendment.
		WIGGINS, 465 U.S. "Respondent's Sixth Amendment right to conduct his own defense was not violated, since it appears that he was allowed to make his own appearances as he saw fit and that his standby counsel's unsolicited involvement was held within reasonable limits."
		WASHINGTON, 466 U.S. "The Sixth Amendment right to counsel is the right to the effective assistance of counsel, and the benchmark for judging any claim of ineffectiveness must be whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result."
	www.iejs.com /Law/Procedural_Law/Right_To_Counsel.htm (615 words)

	TalkLeft: The Right to Counsel: A Promise, Not a Reality (Site not responding. Last check: 2007-10-10)
		The newly-formed National Committee on the Right to Counsel hopes to call attention to the problem.
		Timothy Lewis is asking the right question, and seems from the post to have the background to be taken quite seriously.
		Posted by conscious angel at July 16, 2004 09:32 AM I think you are right that the original post was not suggesting he defend himself, instead suggesting that as an attorney could not be indigent.
	talkleft.com /new_archives/007271.html (1085 words)

	DCBA Brief, December 2000 Issue - The Right to Counsel in Proceedings to Terminate Parental Rights
		On appeal, the mother argued that she was entitled to appointed counsel under the due process and equal protection clauses of the Fourteenth Amendment.
		The mother also argued, however, that the limited right of indigent parents to appointed counsel under the Adoption Act violated her equal protection rights because indigent parents are always entitled to appointed counsel in termination proceedings under the Juvenile Court Act.
		For equal protection purposes, a fundamental right is a right that lies at the heart of the relationship between the individual and a republican form of government.21
	www.dcba.org /brief/decissue/2000/art31200.htm (1276 words)

	A Juvenile's Right to Counsel (Site not responding. Last check: 2007-10-10)
		Though we have no data on the involvement of private counsel, surely a quick survey of our Commonwealth's juvenile courts would reveal that the appearance of a privately retained lawyer is few and far between in juvenile court.
		KRS 31.110 recognizes that such a child whose parents cannot afford to secure counsel is a "needy" or "indigent" person, entitled to the appointment of counsel.
		This subsection provides that even if a parent has means but fails to obtain counsel or obtains counsel not consented to by the child, the child qualifies as a needy person and is thus entitled to appointed counsel.
	dpa.state.ky.us /library/advocate/jan98/juvenile_rights.htm (518 words)

	The Right to Counsel - Findlaw for the Public -
		A criminal defendant's right to an attorney is found in the Sixth Amendment to the U.S. Constitution, which requires the "assistance of counsel" for the accused "in all criminal prosecutions." This means that a defendant has a constitutional right to be represented by an attorney during trial.
		Keep in mind that, while the right to counsel is discussed here in connection with a criminal trial, a suspect has the right to a lawyer at almost every important phase of the criminal process, typically from arrest through the first appeal after conviction.
		Courts have interpreted the Sixth Amendment right to counsel as guaranteeing the "effective assistance of counsel" to criminal defendants.
	criminal.findlaw.com /crimes/criminal_rights/.../right_to_counsel.html (565 words)

	Politics: Right to Legal Counsel
		At the time of Gideon’s trial in the Florida court the right to legal counsel ensured by the Sixth Amendment was only applicable to federal cases, and states had the right to handle the matter of the appointment of legal counsel to the defense in state cases at their discretion (Asch, 135).
		The judge denied this request on the grounds that in that county it was not practice in that county for the court to appoint counsel to poor defendants only in capital cases.
		The basis of the argument was that it was unconstitutional for the states to create their own state legislation which decides the circumstances under which the court appoints counsel to the defense, and that his Sixth Amendment right to counsel was violated.
	www.cyberessays.com /Politics/87.htm (1465 words)

	SCHR - News - Right to counsel
		The Solicitor General contends that "counsel has always been appointed in Fulton County in cases where a defendant is sentenced to jail time." This argument apparently refers to Fulton County's practice of appointing counsel at the time of arraignment.
		Appointing counsel to handle a plea at this point is, as plaintiffs' counsel puts it, "a meaningless and hollow gesture." The Constitution requires more than this.
		The Foster case was brought in 1999 by the Southern Center for Human Rights on behalf of people who were HIV-positive who were being denied medical care at the Jail.
	www.schr.org /news/news_righttocounsel.htm (695 words)

	Right to Counsel (Site not responding. Last check: 2007-10-10)
		They obtain their rights as a criminal defendant, an attorney represents them from here on out, and a bail amount is set.
		For petty offenses, the right to notification may require no more than appearance before a magistrate in a summary hearing which allows some opportunity for the accused to vent a complaint or contest to the charge (although judicial tolerance varies).
		At the pretrial stage, the right to counsel is a necessity, not a luxury.
	faculty.ncwc.edu /mstevens/410/410lect23.htm (4778 words)

	Rhode Island Public Defender Client Handbook Right to Counsel
		The Constitution guarantees the right to have a retained (privately paid for) attorney in any situation, before or after arrest, in and out of court.
		The Constitution guarantees counsel to indigents only if a criminal proceeding results in, or is likely to result in, a jail sentence being imposed,; that means indigents are not entitled to a free lawyer if the charge is only a violation.
		There is a right to have counsel present during custodial questioning by the police or in certain circumstances during a lineup.
	www.ripd.ri.gov /Handbook/chbRighttoCounsel.htm (107 words)

	No Right to Counsel in Tribal Prosecutions
		However, if they cannot attain counsel, they are not afforded the right to have a lawyer.
		Just as the tribes need increased police for public safety, indigent defendants need the right to counsel, to make sure justice and due process is followed.
		The rights of Indian indigent defendants to be able to defend themselves with the assistance of counsel in considered fundamental and critical outside the reservations.
	www.criminaljustice.org /public.nsf/championarticles/A0301p45?OpenDocument (815 words)

	Military Justice Personnel: Defense Function: Right to Counsel (Site not responding. Last check: 2007-10-10)
		97-0299, 60 MJ 239 (the absence of counsel at a
		DuBay hearing will effectively result in denial of the right to counsel; however, if substitute counsel who has the legal responsibility to protect the accused’s post-trial interests is present, it cannot be said that the accused has been deprived of his right to counsel).
		DuBay hearing, and substitute counsel proceeded to represent accused during the final two sessions of hearing without establishing an attorney-client relationship, accused was not prejudiced, considering that substitute counsel represented accused’s cause zealously and that questions assigned for
	www.armfor.uscourts.gov /digest/2004dig/IIA1.htm (229 words)

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