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Criminal Law

Prior to presenting your discussion postings watch the Effective Assistance of Counsel, Constitutional StandardLinks to an external site. video, read the Effective Assistance of CounselLinks to an external site. article, the Criminal ProcedureLinks to an external site. article, the Right to CounselLinks to an external site. article and review the Supreme Court Opinions synopses.

What is assistance of counsel?

For example: Two college friends, Richard and Peter are arrested by the Capital City police. They are accused of murder for setting fire to the Capital City University administration building one night and causing the death of a janitor in the fire. Both Richard and Peter were members of a student organization that claimed that the administration of the University was corrupt, and at a rally they carried signs outside the building that read “Burn it to the ground.”

Richard’s father is very rich. He hires a team of the most expensive lawyers in the country, and after an eight-day trial, Richard is acquitted by a jury. Richard’s lawyers sought and received a separate trial for him.

Peter’s parents have no money, and Peter has massive student loans and works two jobs to pay for school. He is represented by a public defender who has 120 other cases. Though the public defender does his best with limited time and resources, Peter is convicted after a three-day jury trial.

Peter is now appealing his conviction, claiming that having a public defender with 120 cases effectively denied his right to counsel.

Was this a violation of Peter’s Sixth Amendment right to counsel? Fully explain your answer. Be sure to support your answer with scholarly sources and appellate court opinions. Your initial post should be at least 250 words in length. Support your claims with examples from the required material(s) and/or other scholarly resources, and properly cite any references.

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Sample Answer

 

 

The Sixth Amendment to the United States Constitution guarantees the right to counsel in all criminal prosecutions. This means that a defendant in a criminal case has the right to be represented by an attorney. The right to counsel is considered to be one of the most important rights in the American criminal justice system.

There are two types of assistance of counsel:

  • Retained counsel: This is when the defendant hires their own attorney.
  • Appointed counsel: This is when the court appoints an attorney to represent the defendant if they cannot afford to hire their own attorney.

Full Answer Section

 

 

The right to counsel applies at all critical stages of a criminal case, including:

  • Arrest: The defendant has the right to have an attorney present during their arrest.
  • Interrogation: The defendant has the right to have an attorney present during any interrogation by the police.
  • Preliminary hearing: The defendant has the right to have an attorney present at their preliminary hearing.
  • Trial: The defendant has the right to have an attorney present at their trial.
  • Appeal: The defendant has the right to have an attorney present during their appeal.

The right to counsel is not absolute. There are some cases where the right to counsel may be waived, such as if the defendant knowingly and intelligently waives their right to counsel. However, the waiver of the right to counsel must be clear and unequivocal.

The right to counsel is also not limited to criminal cases. The right to counsel also applies to certain civil cases, such as deportation proceedings and habeas corpus cases.

The right to counsel is an important right that helps to ensure that defendants have a fair trial. By having an attorney, defendants can be better prepared for their case and can protect their rights.

Here are some of the benefits of having assistance of counsel:

  • An attorney can help the defendant understand the charges against them and the options available to them.
  • An attorney can help the defendant gather evidence and witnesses to support their case.
  • An attorney can cross-examine the prosecution’s witnesses and challenge the evidence presented by the prosecution.
  • An attorney can negotiate a plea deal on behalf of the defendant.
  • An attorney can represent the defendant at trial and argue their case to the judge or jury.

If you are facing criminal charges, it is important to speak with an attorney as soon as possible to protect your rights. An attorney can help you understand the charges against you and the options available to you. They can also help you prepare for your case and represent you at trial.

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