1 / 4

6 th Amendment Right to Counsel

6 th Amendment Right to Counsel. In all criminal prosecutions the accused shall enjoy the right … to have the assistance of counsel To avoid unjust convictions To bring effectuation to the rights of the Defendants who might not know about them without attorney. Guideon v. Wainwright.

ouida
Download Presentation

6 th Amendment Right to Counsel

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 6th Amendment Right to Counsel • In all criminal prosecutions the accused shall enjoy the right … to have the assistance of counsel • To avoid unjust convictions • To bring effectuation to the rights of the Defendants who might not know about them without attorney

  2. Guideon v. Wainwright • Appointed Counsel in Felony Cases • Appointed Counsel is now provided to everyone who cannot afford an attorney if there is jeopardy of imprisonment • But not if punishable by fine only

  3. Conduct of the Police • Once prosecution has been initiated no contact by police with the subject/arrestee unless attorney is present or knowing & intelligent waiver • Juveniles can only waive their right if parent, youth officer, or counsel

  4. Counsel is Present • To observe constitutional requirements are being complied with and raise objections if they are not in • Line-ups • Show-ups • Custodial Arrests • Consultation in Private • Atty call the shots on participation during interrogation • Atty decides which answers client answers • PO must grin and bear it • No taping or listening in on atty/client conversations

More Related