Right to an attorney | David Ford Avon Ct
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Billofrights
The Bill of Rights outlines the first 10 amendments to the US Constitution, which protect civil liberties and individual rights. The 1st Amendment guarantees freedom of religion, speech, press, assembly, and the right to petition the government. The 2nd Amendment protects the right to bear arms. The 3rd prevents the forced quartering of soldiers in homes without consent. The 4th protects against unreasonable searches and seizures. The 5th ensures due process and prevents double jeopardy and self-incrimination.
Billof rights
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The document provides an overview of key aspects of the 6th Amendment right to counsel and a fair trial. It discusses the requirements for a speedy and public trial in the proper venue. It also covers the right to an impartial jury, voir dire process, peremptory challenges, and the prohibition on excluding jurors based on race. The document outlines important Supreme Court cases that established the right to counsel and defined it as applying to all stages of criminal proceedings.
The Eighth Amendment 2
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Four approaches are used to determine the admissibility of statements and confessions in criminal cases: 1) the voluntariness approach excludes involuntary statements under the Due Process Clause; 2) the right to counsel approach excludes statements made without counsel during critical stages per the Sixth Amendment; 3) the Miranda standard excludes unwarned statements from custodial interrogation under the Fifth Amendment; and 4) the fruits of illegal conduct approach excludes statements resulting from prior illegal searches or seizures under the Fourth Amendment exclusionary rule.
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04 bill of_rightsm
The document summarizes the key rights and protections guaranteed by the Bill of Rights, including freedom of speech, the right to bear arms, freedom from unlawful search and seizure, due process, right to a fair and speedy trial, and protection from cruel and unusual punishment. It also notes that the Constitution does not provide an exhaustive list of rights and that individuals may possess other inherent rights not enumerated.
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Impeachment
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4.3 types of penalties
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fine
bond
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probation
criminal infringement notice
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home detention
periodic detention
forfeiture of assets
imprisonment
diversionary programs
Amendments
This document summarizes the first 10 amendments to the US Constitution known as the Bill of Rights. It provides brief explanations of some of the key freedoms and rights protected in each amendment, including freedom of religion, speech, press, assembly, right to bear arms, limits on quartering troops, search and seizure, rights of the accused, and reserved powers of the states and people.
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Revised multimedia presentation with audio
Slide presentation on the Bill of Rights for Franciscan University of Steubenville - EDU 536: Instructional Materials and Web Based Instructional Design - created by Dennis Craig
Ch12
The 6th Amendment guarantees criminal defendants the right to a speedy and public trial by an impartial jury, to be informed of charges, to confront witnesses, to compulsory process, and to counsel. It applies to critical stages of criminal proceedings where rights could be affected without counsel. The right to counsel extends from investigation through appeal. Counsel is presumed effective unless representation falls below objective standards and likely altered the outcome.
S i x t h E d i t i o nCriminal ProcedureCONSTITUTION A.docx
S i x t h E d i t i o n
Criminal Procedure
CONSTITUTION AND SOCIETY
Marvin Zalman
Wayne State University
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Copyright © 2011, 2008, 2005, 2002 Pearson Education, Inc., publishing as Pearson Education, 1 Lake Street,
Upper Saddle River, New Jersey 07458. All rights reserved. Manufactured in the United States of America. This
publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited
reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical,
photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a
written request to Pearson Education, Inc., Permissions Department, Pearson Education, 1 Lake Street, Upper
Saddle River, New Jersey 07458.
Library of Congress Cataloging-in-Publication Data
Zalman, Marvin.
Criminal procedure : constitution and society / Marvin Zalman.—6th ed.
p. cm.
Includes bibliographical references and index.
ISBN 978-0-13-245761-3 (alk. paper)
1. Criminal procedure—United States. 2. Criminal investigation—United
States. 3. Civil rights—United States. I. Title.
KF9619.Z35 2010
345.73�05—dc22
2009053938
10 9 8 7 6 5 4 3 2 1
ISBN 10: 0-13-245761-X
ISBN 13: 978-0-13-245761-3
Editor in Chief: Vernon Anthony
Acquisitions Editor: Eric Krassow
Editorial Assistant: Lynda Cramer
Director of Marketing: David Gesell
Marketing Manager: Adam Kloza
Senior Marketing Coordinator: Alicia Wozniak
Marketing Assistant: Les Roberts
Senior Managing Editor: JoEllen Gohr
Project Manager: Jessica H. Sykes
Senior Operations Supervisor: Pat Tonneman
Operations Specialist: Deidra Skahill
Art Director: Jayne Conte
Cover Art: Mollica Design
Media Director: Michelle Churma
Lead Media Project Manager: Karen Bretz
Full-Service Project Management: Sowmyaa Narayani/
Madhavi Prakashkumar
Composition: S4 Carlisle Publishing Services
Printer/Binder: Edwards Brothers
Cover Printer: Lehigh/Phoenix Color/Hagerstown
Text Font: 10/12 Times
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C H A P T E R 6
The Right to Counsel
It is a fundamental principle of our constitutional scheme that government, like the individual,
is bound by the law. We do not subscribe to the totalitarian principle that the Government is
the law, or that it may disregard the law even in pursuit of the lawbreaker.
—JUSTICE ABE FORTAS, DISSENTING, Alderman v. United States, 394 U.S. 165, 202 (1969)
It is during our most challenging and uncertain moments that our Nation’s commitment to due
process is most severely tested; and it is in those times that we must preserve our commitment
at home to the principles for which we fight abroad.
—JUSTICE SANDRA DAY O’CONNOR, Hamdi v. Rumsfeld, 542 U.S. 507, 532 (2004)
293
CHAPTER OUTLINE
THE DEVELOPMENT OF THE RIGHT TO
COUNSEL TO 1961
Powell v. Alabama: The Scottsboro Case
After Powell: Toward Incorporation
The Equa.
Chapter 11 - The Sixth Amendment: Right to Counsel and a Fair Trial
The document summarizes key aspects of the Sixth Amendment right to counsel and a fair trial. It discusses the right to a speedy trial, trial in the jurisdiction where the crime was committed, an impartial jury, voir dire and peremptory challenges, the right to counsel including for indigent defendants and juveniles, and the right to counsel at critical stages of criminal proceedings. It also reviews standards for effective assistance of counsel and the ability of defendants to waive or exercise their right to self-representation.
Based on your reading of gideon v
The original trial court did not appoint a lawyer for Mr. Gideon because, according to Florida state law at the time, only defendants who had committed capital offenses and were indigent were entitled to appointed counsel. The U.S. Supreme Court held that the Sixth Amendment guarantees the right to counsel for all criminal defendants, regardless of the charged offense. This overturned the previous ruling in Betts v. Brady that only required counsel for capital cases. The Court agreed with Gideon that appointing counsel for indigent defendants is necessary to ensure a fair trial as required by the Due Process clause of the Fourteenth Amendment.
Celebrating a Key Supreme Court Decision
In 1963, the Supreme Court ruled unanimously in Gideon v. Wainwright that states are required under the Sixth Amendment to provide legal counsel to criminal defendants who cannot afford private attorneys. The Court recognized that without legal representation, individuals do not receive a fair trial against the resources of the state. This landmark decision was part of expanding protections for criminal defendants, including the rights to remain silent and be informed of rights during interrogations.
Ch 17 Pretrial Process
The document summarizes key aspects of the pretrial process in criminal cases, including:
1) Summary trials for minor offenses where a jury is not required if incarceration is less than 6 months. Defendants often plead guilty without counsel.
2) Elaborate pretrial procedures for felonies including initial appearance, grand jury, preliminary hearing, and arraignment where a plea is entered.
3) Most cases are resolved pretrial, with about 25% resulting in convictions as cases attrite through the system.
3.5 legal representation
The document discusses legal representation in Australia and the 1992 High Court decision in Dietrich v R. It summarizes that:
- Defendants have an implied right to legal representation, especially in serious criminal cases, to ensure a fair trial.
- Dietrich was denied legal aid for his heroin importation charges, despite repeated requests, and was convicted. The High Court later found his trial was unfair without representation.
- The High Court established that trials for serious offenses should be delayed to allow the accused legal representation, unless there are exceptional circumstances. This helped enshrine the right to a fair trial.
Marketing Research Paper Grading GuideMKT421 Version 142.docx
Marketing Research Paper Grading Guide
MKT/421 Version 14
2
Individual Assignment: Marketing Research Paper
Purpose of Assignment
Marketing research is the foundation of marketing, and provides marketers with insight and information necessary to determine how to introduce new products and enter new markets. With the right information, marketers can reach solid conclusions and make the best decisions possible to reach their customers successfully, offer products and services that provide more value than the competitive alternative, and reduce their business risks.
Resources Required
Marketing Chapter 1, Marketing Chapter 5, Marketing Chapter 8, Marketing Chapter 10, Marketing Chapter 11
Grading Guide
Content
Met
Partially Met
Not Met
Comments:
Choose the target market for your product, and describe it in detail.
Create a new product which would appeal to an environmentally-conscious consumer.
Develop at least one question for each characteristic of the target market that will be important for you as you determine the marketing strategy for this new product.
Recommend the best methods of conducting marketing research to answer these questions, and why you chose these particular methods.
Outline the steps you will take to bring your product to market from idea generation to commercialization.
The paper is 1,050- to 1,400 words in length.
Total Available
Total Earned
7
#/X
Writing Guidelines
Met
Partially Met
Not Met
Comments:
The paper—including tables and graphs, headings, title page, and reference page—is consistent with APA formatting guidelines and meets course-level requirements.
Intellectual property is recognized with in-text citations and a reference page.
Paragraph and sentence transitions are present, logical, and maintain the flow throughout the paper.
Sentences are complete, clear, and concise.
Rules of grammar and usage are followed including spelling and punctuation.
Total Available
Total Earned
3
#/X
Assignment Total
#
10
#/X
Additional comments:
Copyright © 2015 by University of Phoenix. All rights reserved.
S i x t h E d i t i o n
Criminal Procedure
CONSTITUTION AND SOCIETY
Marvin Zalman
Wayne State University
R
O
D
D
Y
,
A
N
T
H
O
N
Y
I
S
A
A
C
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7
2
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B
U
Copyright © 2011, 2008, 2005, 2002 Pearson Education, Inc., publishing as Pearson Education, 1 Lake Street,
Upper Saddle River, New Jersey 07458. All rights reserved. Manufactured in the United States of America. This
publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited
reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical,
photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a
written request to Pearson Education, Inc., Permissions Department, Pearson Education, 1 Lake Street, Upper
Saddle River, New Jersey 07458 ...
Gideon v. Wainwright
The document summarizes the Supreme Court case Gideon v. Wainwright. Clarence Gideon was charged with a felony in Florida and requested a court-appointed attorney but was denied. He was subsequently convicted. The Supreme Court later unanimously ruled that Gideon's Sixth Amendment right to counsel was violated, establishing that states must provide attorneys for criminal defendants unable to afford their own counsel.
Right To Counsel A Analysis Of How The Right To An Attorney
The document summarizes a Supreme Court case, Betts v. Brady, that analyzed whether the right to counsel extended to state courts under the 14th Amendment. The case involved a man denied a lawyer during his trial for robbery in Maryland state court. The Supreme Court ruled 6-3 that the 14th Amendment did not require states to provide counsel for indigent defendants in every case. However, denial of counsel by a state could in some cases violate due process rights. A later case, Gideon v. Wainwright, would eventually overturn this ruling and incorporate the right to counsel against the states.
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This document summarizes key concepts of the US system of government including popular sovereignty, federalism, and separation of powers. It then provides an overview of the first ten amendments of the US Constitution known as the Bill of Rights, outlining rights such as freedom of religion, press, and protection from unlawful search and seizure. Examples are given of how specific amendments would apply in hypothetical scenarios.
Constitutional law of corrections brief overview of prisoner's rights
Prisoners retain some constitutional rights and protections even after incarceration, though their liberties are greatly restricted. While in prison, inmates can have their activities regulated and do not have an absolute right to things like visitation. However, they cannot be subjected to uncontrolled power and must be fairly treated. Inmates have access to grievance procedures and litigation to address violations of their rights. More recently, the Prison Litigation Reform Act placed new restrictions on prisoner lawsuits to curb perceived abuses of the legal system.
4 Bases to Exclude Confessions
Four approaches are used to determine the admissibility of statements and confessions in criminal cases: 1) the voluntariness approach excludes involuntary statements under the Due Process Clause; 2) the right to counsel approach excludes statements made without counsel during critical stages per the Sixth Amendment; 3) the Miranda standard excludes unwarned statements from custodial interrogation under the Fifth Amendment; and 4) the fruits of illegal conduct approach excludes statements resulting from prior illegal searches or seizures under the Fourth Amendment exclusionary rule.
Chapter 12 - The Eighth Amendment: Bail, Fines, and Punishment
The document summarizes key aspects of the Eighth Amendment, including that it prohibits excessive bail, fines, and cruel and unusual punishment. It discusses controversies around the death penalty and how the Supreme Court has interpreted and applied the Eighth Amendment over time in cases related to bail, fines, punishment, and prison conditions. It provides examples of cases that have addressed whether certain punishments or conditions constitute cruel and unusual punishment.
International Law - Can the ICJ protect and promote human rights
This document provides an overview of the International Court of Justice (ICJ) and analyzes its role in developing international law and human rights. It discusses several key contributions of the ICJ:
1) It has interpreted international humanitarian law instruments, like the Geneva Conventions, to have broader application than originally intended.
2) Through advisory opinions, it has found violations of human rights in cases like the construction of the Israeli wall and affirmed the extraterritorial application of human rights treaties.
3) Notable cases like Diallo demonstrated the ICJ's willingness to adjudicate human rights matters and protect individual rights independently of states' interests.
4) The ICJ has established important principles
04 bill of_rightsm
The document summarizes the key rights and protections guaranteed by the Bill of Rights, including freedom of speech, the right to bear arms, freedom from unlawful search and seizure, due process, right to a fair and speedy trial, and protection from cruel and unusual punishment. It also notes that the Constitution does not provide an exhaustive list of rights and that individuals may possess other inherent rights not enumerated.
THE BILL OF RIGHTS
The Bill of Rights (Amendments 1 to 10) The amendments that became the Bill of Rights were actually the last ten of the twelve amendments proposed in 1789. Here are 5 of the first 10 Bill of Rights that are well-known and cornerstones of our democracy: First Amendment: addresses the rights of freedom of religion
Impeachment
Andrew Johnson, in addition to Bill Clinton, is the only U.S. president to be impeached. The impeachment process is outlined in the U.S. Constitution and allows for certain federal officials, including the president and vice president, to be charged with "Treason, Bribery, or other high Crimes and Misdemeanors" by the House of Representatives. If impeached, the official is then tried in the Senate where a two-thirds majority vote is required for conviction and removal from office. The document proceeds to describe the impeachment processes of Bill Clinton and Andrew Johnson.
4.3 types of penalties
no conviction recorded
caution
fine
bond
suspended sentence
probation
criminal infringement notice
penalty units
community service order
home detention
periodic detention
forfeiture of assets
imprisonment
diversionary programs
Amendments
This document summarizes the first 10 amendments to the US Constitution known as the Bill of Rights. It provides brief explanations of some of the key freedoms and rights protected in each amendment, including freedom of religion, speech, press, assembly, right to bear arms, limits on quartering troops, search and seizure, rights of the accused, and reserved powers of the states and people.
The ICJ
International law governs relations between states and regulates relations between private persons of different nationalities. While much of international law is consent-based, certain norms like prohibitions on genocide must be followed regardless of consent. There is no centralized authority or enforcement mechanism for international law like domestic legal systems have. The International Court of Justice provides non-binding advisory opinions and settles disputes submitted by states, but its rulings can be ignored as it has no means of enforcement on its own.
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Similar to Right to an attorney | David Ford Avon Ct
Ch12
The 6th Amendment guarantees criminal defendants the right to a speedy and public trial by an impartial jury, to be informed of charges, to confront witnesses, to compulsory process, and to counsel. It applies to critical stages of criminal proceedings where rights could be affected without counsel. The right to counsel extends from investigation through appeal. Counsel is presumed effective unless representation falls below objective standards and likely altered the outcome.
S i x t h E d i t i o nCriminal ProcedureCONSTITUTION A.docx
S i x t h E d i t i o n
Criminal Procedure
CONSTITUTION AND SOCIETY
Marvin Zalman
Wayne State University
R
O
D
D
Y
,
A
N
T
H
O
N
Y
I
S
A
A
C
3
7
2
7
B
U
Copyright © 2011, 2008, 2005, 2002 Pearson Education, Inc., publishing as Pearson Education, 1 Lake Street,
Upper Saddle River, New Jersey 07458. All rights reserved. Manufactured in the United States of America. This
publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited
reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical,
photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a
written request to Pearson Education, Inc., Permissions Department, Pearson Education, 1 Lake Street, Upper
Saddle River, New Jersey 07458.
Library of Congress Cataloging-in-Publication Data
Zalman, Marvin.
Criminal procedure : constitution and society / Marvin Zalman.—6th ed.
p. cm.
Includes bibliographical references and index.
ISBN 978-0-13-245761-3 (alk. paper)
1. Criminal procedure—United States. 2. Criminal investigation—United
States. 3. Civil rights—United States. I. Title.
KF9619.Z35 2010
345.73�05—dc22
2009053938
10 9 8 7 6 5 4 3 2 1
ISBN 10: 0-13-245761-X
ISBN 13: 978-0-13-245761-3
Editor in Chief: Vernon Anthony
Acquisitions Editor: Eric Krassow
Editorial Assistant: Lynda Cramer
Director of Marketing: David Gesell
Marketing Manager: Adam Kloza
Senior Marketing Coordinator: Alicia Wozniak
Marketing Assistant: Les Roberts
Senior Managing Editor: JoEllen Gohr
Project Manager: Jessica H. Sykes
Senior Operations Supervisor: Pat Tonneman
Operations Specialist: Deidra Skahill
Art Director: Jayne Conte
Cover Art: Mollica Design
Media Director: Michelle Churma
Lead Media Project Manager: Karen Bretz
Full-Service Project Management: Sowmyaa Narayani/
Madhavi Prakashkumar
Composition: S4 Carlisle Publishing Services
Printer/Binder: Edwards Brothers
Cover Printer: Lehigh/Phoenix Color/Hagerstown
Text Font: 10/12 Times
R
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C H A P T E R 6
The Right to Counsel
It is a fundamental principle of our constitutional scheme that government, like the individual,
is bound by the law. We do not subscribe to the totalitarian principle that the Government is
the law, or that it may disregard the law even in pursuit of the lawbreaker.
—JUSTICE ABE FORTAS, DISSENTING, Alderman v. United States, 394 U.S. 165, 202 (1969)
It is during our most challenging and uncertain moments that our Nation’s commitment to due
process is most severely tested; and it is in those times that we must preserve our commitment
at home to the principles for which we fight abroad.
—JUSTICE SANDRA DAY O’CONNOR, Hamdi v. Rumsfeld, 542 U.S. 507, 532 (2004)
293
CHAPTER OUTLINE
THE DEVELOPMENT OF THE RIGHT TO
COUNSEL TO 1961
Powell v. Alabama: The Scottsboro Case
After Powell: Toward Incorporation
The Equa.
Chapter 11 - The Sixth Amendment: Right to Counsel and a Fair Trial
The document summarizes key aspects of the Sixth Amendment right to counsel and a fair trial. It discusses the right to a speedy trial, trial in the jurisdiction where the crime was committed, an impartial jury, voir dire and peremptory challenges, the right to counsel including for indigent defendants and juveniles, and the right to counsel at critical stages of criminal proceedings. It also reviews standards for effective assistance of counsel and the ability of defendants to waive or exercise their right to self-representation.
Based on your reading of gideon v
The original trial court did not appoint a lawyer for Mr. Gideon because, according to Florida state law at the time, only defendants who had committed capital offenses and were indigent were entitled to appointed counsel. The U.S. Supreme Court held that the Sixth Amendment guarantees the right to counsel for all criminal defendants, regardless of the charged offense. This overturned the previous ruling in Betts v. Brady that only required counsel for capital cases. The Court agreed with Gideon that appointing counsel for indigent defendants is necessary to ensure a fair trial as required by the Due Process clause of the Fourteenth Amendment.
Celebrating a Key Supreme Court Decision
In 1963, the Supreme Court ruled unanimously in Gideon v. Wainwright that states are required under the Sixth Amendment to provide legal counsel to criminal defendants who cannot afford private attorneys. The Court recognized that without legal representation, individuals do not receive a fair trial against the resources of the state. This landmark decision was part of expanding protections for criminal defendants, including the rights to remain silent and be informed of rights during interrogations.
Ch 17 Pretrial Process
The document summarizes key aspects of the pretrial process in criminal cases, including:
1) Summary trials for minor offenses where a jury is not required if incarceration is less than 6 months. Defendants often plead guilty without counsel.
2) Elaborate pretrial procedures for felonies including initial appearance, grand jury, preliminary hearing, and arraignment where a plea is entered.
3) Most cases are resolved pretrial, with about 25% resulting in convictions as cases attrite through the system.
3.5 legal representation
The document discusses legal representation in Australia and the 1992 High Court decision in Dietrich v R. It summarizes that:
- Defendants have an implied right to legal representation, especially in serious criminal cases, to ensure a fair trial.
- Dietrich was denied legal aid for his heroin importation charges, despite repeated requests, and was convicted. The High Court later found his trial was unfair without representation.
- The High Court established that trials for serious offenses should be delayed to allow the accused legal representation, unless there are exceptional circumstances. This helped enshrine the right to a fair trial.
Marketing Research Paper Grading GuideMKT421 Version 142.docx
Marketing Research Paper Grading Guide
MKT/421 Version 14
2
Individual Assignment: Marketing Research Paper
Purpose of Assignment
Marketing research is the foundation of marketing, and provides marketers with insight and information necessary to determine how to introduce new products and enter new markets. With the right information, marketers can reach solid conclusions and make the best decisions possible to reach their customers successfully, offer products and services that provide more value than the competitive alternative, and reduce their business risks.
Resources Required
Marketing Chapter 1, Marketing Chapter 5, Marketing Chapter 8, Marketing Chapter 10, Marketing Chapter 11
Grading Guide
Content
Met
Partially Met
Not Met
Comments:
Choose the target market for your product, and describe it in detail.
Create a new product which would appeal to an environmentally-conscious consumer.
Develop at least one question for each characteristic of the target market that will be important for you as you determine the marketing strategy for this new product.
Recommend the best methods of conducting marketing research to answer these questions, and why you chose these particular methods.
Outline the steps you will take to bring your product to market from idea generation to commercialization.
The paper is 1,050- to 1,400 words in length.
Total Available
Total Earned
7
#/X
Writing Guidelines
Met
Partially Met
Not Met
Comments:
The paper—including tables and graphs, headings, title page, and reference page—is consistent with APA formatting guidelines and meets course-level requirements.
Intellectual property is recognized with in-text citations and a reference page.
Paragraph and sentence transitions are present, logical, and maintain the flow throughout the paper.
Sentences are complete, clear, and concise.
Rules of grammar and usage are followed including spelling and punctuation.
Total Available
Total Earned
3
#/X
Assignment Total
#
10
#/X
Additional comments:
Copyright © 2015 by University of Phoenix. All rights reserved.
S i x t h E d i t i o n
Criminal Procedure
CONSTITUTION AND SOCIETY
Marvin Zalman
Wayne State University
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Copyright © 2011, 2008, 2005, 2002 Pearson Education, Inc., publishing as Pearson Education, 1 Lake Street,
Upper Saddle River, New Jersey 07458. All rights reserved. Manufactured in the United States of America. This
publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited
reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical,
photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a
written request to Pearson Education, Inc., Permissions Department, Pearson Education, 1 Lake Street, Upper
Saddle River, New Jersey 07458 ...
Gideon v. Wainwright
The document summarizes the Supreme Court case Gideon v. Wainwright. Clarence Gideon was charged with a felony in Florida and requested a court-appointed attorney but was denied. He was subsequently convicted. The Supreme Court later unanimously ruled that Gideon's Sixth Amendment right to counsel was violated, establishing that states must provide attorneys for criminal defendants unable to afford their own counsel.
Right To Counsel A Analysis Of How The Right To An Attorney
The document summarizes a Supreme Court case, Betts v. Brady, that analyzed whether the right to counsel extended to state courts under the 14th Amendment. The case involved a man denied a lawyer during his trial for robbery in Maryland state court. The Supreme Court ruled 6-3 that the 14th Amendment did not require states to provide counsel for indigent defendants in every case. However, denial of counsel by a state could in some cases violate due process rights. A later case, Gideon v. Wainwright, would eventually overturn this ruling and incorporate the right to counsel against the states.
Right To Counsel An Analysi Of How The Right To An Attorney
The document summarizes the expansion of the right to counsel in criminal cases from Betts v. Brady (1942) to Gideon v. Wainwright (1963). In Betts, the Supreme Court ruled that states did not have to provide counsel to indigent defendants in non-capital cases unless special circumstances existed. In Gideon, the Court overturned Betts and established that the 6th Amendment right to counsel applies to the states through the 14th Amendment, guaranteeing counsel for indigent defendants in all felony cases. The document outlines lessons on how students can analyze the cases, key legal terms, and procedures for teaching the material through case summaries, discussion questions, and viewing the film Gideon's Trumpet
12How the Court Address or Respect our Rights as
1
2
How the Court Address or Respect our Rights as Citizens Part 1
How the Court Address or Respect our Rights as Citizens Part 1
a. Summary of Case
Gideon vs. wainwright remains to be one of the most infamous supreme court cases in Judicia history. This Supreme Court case declared that defendants charged with a felony must be provided with a court-appointed attorney by the States. Initially, the Litigation was known as Gideon v. Cochran, but when it reached the Supreme Court, the title changed to Gideon vs. wainwright (Oyez, 2018). This happened due to the replacement of the director of Florida's Division of Corrections from Cochran to Louie Lee Wainwright.
The case commenced when Clarence Earl Gideon was in 1961 charged with a felony for purportedly burgling a Pool Hall in Panama City, FL, and stole some money. Gideon was a poor man, and during his first trial, he requested the Court to appoint an attorney who would represent him. Gideons requests were refuted despite not having the capacity to select a lawyer for himself. The prosecutors had witnesses who had seen Gideon at the crime scene. However, he had not been seen committing the crime (Oyez, 2018). The court ruling sentenced Gideon to five years imprisonment despite the lack of concrete evidence. Gideon considered the detention as unjust and filed a petition to the Florida Supreme court. His claims in the petition were that he did not have an attorney general to defend him during the trial, which made it unconstitutional.
Gideon's petition for a writ of habeas corpus from the Supreme Court of Florida was accepted. The judicial system had denied Gideon his 6th amendment rights. In 1963, the case was reassessed, and the Supreme Court ruled out that the judgment that had earlier been made to Gideon was unconstitutional (Greenberg & Page, 2018). The Court ruled that all defendants need to have the assistance of Counsel in their defense, and Gideon was thus set free.
b. Case Outline
1. Title: Gideon vs. wainwright (1963)
2. Facts of the Case
Clarence Earl Gideon was an eighth-grade dropout who had run away from home when he was in the middle class. He was a drifter who spent most of his time in and out of prison. He was charged with a lawful offense of breaking into a Pool room in Florida (Oyez, 2018). He appeared in Court without legal Counsel and requested the Court to appoint one for him. His request was denied. Back then, a lawyer would only be given to an indigent offender in capital cases. The defendant was forced to represent himself in Court, where he was found guilty and sentenced to five years in prison (Oyez, 2018). Clarence Earl Gideon appealed his case again to the Supreme Court of the United States. The case was reviewed and resolved.
3. History of the case
Clarence Earl Gideon was found guilty and was sentenced to five years in prison (Oyez, 2018).
4. Legal Questions
The Court needed to determine whether Clarence Earl Gideon was guilty or innocent. If found ...
12How the Court Address or Respect our Rights as
This summary provides an overview of the key points from the document:
The document discusses the Supreme Court case Gideon v. Wainwright, which established that states are required under the Sixth Amendment to provide legal counsel to criminal defendants who cannot afford an attorney. It summarizes the facts of the case, in which Clarence Earl Gideon was denied legal representation and subsequently convicted, and the Supreme Court's ruling that Gideon's conviction was unconstitutional since he did not have legal counsel. The case set the precedent that all criminal defendants have the right to an attorney regardless of their ability to pay.
Defendant’s Rights Name School.docx
Defendant’s Rights
Name
School
Class
Date
Pretrial
A proceeding held by a judge, arbitrator, etc., before a trial to simplify the issues of law and fact and stipulate certain matters between the parties, in order to expedite justice and curtail costs at the trial.
access.org
The pre-trial process starts when a pre-trial judge gives his/her confirmation about an indictment. The indictment can remain sealed after being confirmed to make sure of the participation of the defendant at trial. Take note that the pre-trial judge has power to issue arrest warrants and summonses to appear. Many citizens usually think that the real action in criminal courts takes place during trials. However, they are wrong in this assessment. Over 90% of the criminal cases are usually disposed by the guilty pleas and not trials. Most of these guilty pleas are outcomes of agreements made between defense attorneys and prosecutors.
*
Speedy Trial
The Sixth Amendment of the United States constitution guarantees those accused of a criminal offense a speedy trial.
Coindesk.com
According to the amendment, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”Speedy trial is mostly reached through an impartial jury. This implies that the defendant must appear for a trial for his/her alleged offenses within a reasonably shorter period of time after his/her arrest. Similarly, before the defendant is convicted of many crimes, he/she has a constitutional right being tried by a jury where he must be found guilty before the actual trial. Although most states in the United states have laws which are set where trial must be conducted after the charges are filed, the issue of knowing whether the trial is speedy under Sixth Amendment or not comes down according to the circumstances.
*
Speedy Trial Cont..
As the offender is entitled to a speedy trial. The victim and the victim's family should be entitled to see a speedy administration of justice. Waiting 10 years to see justice is further offensive to the family.
By: John Ross
QUOTEHD.COM
Impartial Judge The judge have power in both common and civil law criminal justice systems.
The U.S. Constitution guarantees the right to trial by unbiased and impartial judge.In the legal system of the United States, judicial impartiality is a basic concept component for justice.
The criminal justice system gives judges a lot of power in both common law and civil law. This power is however disproportionally large as compared to both the prosecutor and criminal defense lawyer. The U.S. constitution guarantees the right to trial by unbiased and impartial judge. ...
LWZ115 Legal Process.docx
Dietrich was charged with drug trafficking offenses under the Customs Act 1901. He claimed he could not afford legal representation and requested a stay in proceedings to obtain counsel, but this was denied. On appeal, the High Court considered whether Dietrich had a right to legal representation given he faced serious charges but could not afford a lawyer. The Court acquitted Dietrich of one charge but upheld his conviction on other charges, finding the trial court did not have the power to appoint counsel but could have stayed proceedings to allow Dietrich to obtain representation.
Rights of the Accused Brandon-L-Blankenship
Rights of the Accused
UAB PSC 381 Bill of Rights
Fifth Amendment, Sixth Amendment, Eighth Amendment
Right to counsel failure for Scottsboro Boys,
Right to counsel guaranteed where liberty is at stake.
GIDEON V. WAINWRIGHT372 U.S. 335Gideon v. Wainwright (No.docx
GIDEON V. WAINWRIGHT
372 U.S. 335
Gideon v. Wainwright (No. 155)
Argued: January 15, 1963
Decided: March 18, 1963
Reversed and cause remanded.
· Syllabus
· Opinion, Black
· Separate, Douglas
· Concurrence, Clark
· Concurrence, Harlan
Syllabus
Charged in a Florida State Court with a noncapital felony, petitioner appeared without funds and without counsel and asked the Court to appoint counsel for him, but this was denied on the ground that the state law permitted appointment of counsel for indigent defendants in capital cases only. Petitioner conducted his own defense about as well as could be expected of a layman, but he was convicted and sentenced to imprisonment. Subsequently, he applied to the State Supreme Court for a writ of habeas corpus, on the ground that his conviction violated his rights under the Federal Constitution. The State Supreme Court denied all relief.
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 v. Brady,316 U.S. 455, overruled. Pp. 336-345.
[p336]
TOP
Opinion
BLACK, J., Opinion of the Court
MR. JUSTICE BLACK delivered the opinion of the Court.
Petitioner was charged in a Florida state court with having broken and entered a poolroom with intent to commit a misdemeanor. This offense is a felony under [p337]Florida law. Appearing in court without funds and without a lawyer, petitioner asked the court to appoint counsel for him, whereupon the following colloquy took place:
The COURT: Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint Counsel to defend you in this case.
The DEFENDANT: The United States Supreme Court says I am entitled to be represented by Counsel.
Put to trial before a jury, Gideon conducted his defense about as well as could be expected from a layman. He made an opening statement to the jury, cross-examined the State's witnesses, presented witnesses in his own defense, declined to testify himself, and made a short argument "emphasizing his innocence to the charge contained in the Information filed in this case." The jury returned a verdict of guilty, and petitioner was sentenced to serve five years in the state prison. Later, petitioner filed in the Florida Supreme Court this habeas corpus petition attacking his conviction and sentence on the ground that the trial court's refusal to appoint counsel for him denied him rights "guaranteed by the Constitution and the Bill of Rights by the United States Government."[n1]Treating the petition for habeas corpus as properly before it, the State Supreme Court, "upon consideration thereof" but without an op.
Chapter 15 - CRIMINAL PROCEDURE BEFORE TRIAL
This document provides an overview of key concepts in criminal procedure before trial, including constitutional protections for criminal suspects and defendants. It discusses the requirements for reasonable searches and seizures under the 4th Amendment, including exceptions to the warrant requirement. It also covers interrogations and confessions, the right to counsel, and the 12 typical pretrial activities like arrest, booking, bail, arraignment and discovery. Key Supreme Court cases establishing rights like Miranda warnings, effective assistance of counsel, and exclusion of illegally obtained evidence are also summarized.
Unit 11 notes
The document outlines several rights guaranteed by the 5th and 6th Amendments of the US Constitution including: the right against self-incrimination; the right to a speedy and public trial by an impartial jury; the right to confront witnesses; the right to compulsory process to obtain witnesses; and the right to assistance of counsel. It also discusses that the rights apply to criminal prosecutions and trials, with exceptions such as cases arising from the military.
Issues Whether Dietrich is liable for the drugs trafficking.pdf
Dietrich is charged with drug trafficking under the Customs Act. He claims the drugs were not his and requests legal representation since he cannot afford it, but his requests are denied. At his trial, Dietrich is convicted and sentenced to 7 years in prison. He appeals, arguing he was entitled to legal representation under common law tradition and international law. The High Court acquits Dietrich of one charge but upholds his conviction on other charges. However, two judges dissent, stating the courts have a duty to ensure legal representation for serious charges.
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- 1. David Ford Avon Ct
- 2. Presented by: Judge Betty Thomas-Moore Shelby County General Sessions Civil Court Division V
- 6. The 6th Amendment guarantees a right to counsel. In the past, this meant that a defendant could hire an attorney. Since most criminals are poor, they did not have counsel. In the case of Gideon v. Wainwright (1963). In Gideon, a poor man, was accused of a crime and denied a lawyer. The Court ruled unanimously that a lawyer was a necessity in criminal court, not a luxury. The state must provide a lawyer to poor defendants in felony cases.
- 7. The Supreme Court has held that no one may be imprisoned for any level of crime without legal representation, unless the accused has knowingly and intelligently waived their right 6th Amendment right to legal counsel occurs at every critical stage of a criminal proceeding, including during the investigation, at hearings and during the trial A critical stage is any step during a criminal prosecution where the accused’s rights may be affected by the absence of legal representation
- 9. In all criminal prosecutions, the accused shall enjoy the right of having the assistance of counsel to:
- 10. (1963) “The right of one charged with crime to counsel may not be deemed fundamental and essential to fair trials in some countries, but it is in ours.”
- 11. Development of the Right to Counsel England’s early legal system did not include the assistance of counsel Powell v. Alabama (1932) Denying legal counsel for a defendant at trial is a denial of due process Gideon v. Wainwright (1963) Held that not only was the right to counsel absolute, but also in all serious cases, indigent defendants accused of a felony were to be provided with legal counsel
- 14. Although a person charged with any criminal offense has the right to retain counsel to represent him/her at a summary proceeding, most defendants charged with minor misdemeanors are not represented by counsel. A principal reason is the expense of retaining a lawyer, which may exceed the fine imposed. In Scott v. Illinois (1980), the Supreme Court said that indigent persons do not have a right to counsel at public expense unless they are actually sentenced to jail.
- 15. The right to counsel is the only 6th Amendment guarantee that extends beyond the trial Everyone has the right to legal representation Every lawyer has an obligation to do everything legally permissible to see that the client’s rights are upheld It is to ensure that those accused are afforded their legal right and that they understand the process in which they are involved