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Author Question: What action could or should a judge take when the defendant refuses to behave? What will be an ... (Read 45 times)

hbsimmons88

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on: Aug 17, 2018
What action could or should a judge take when the defendant refuses to behave?
 
  What will be an ideal response?

Question 2

Explain the accuseds right to assistance of counsel.
 
  What will be an ideal response?


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djofnc

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Reply #1 on: Aug 17, 2018
Answer to Question 1

Answer: The judge can remove the defendant from the courtroom. The judge can bind and gag the defendant.
The judge can hold the defendant in contempt.

Answer to Question 2

Answer: The Sixth Amendment accords the accused the right to counsel. Gideon v. Wainwright (1963), 373 U.S. 335
extended this right to misdemeanors, and stated that the accused requires the guiding hand of counsel at
every step in the proceedings against him. However, before Gideon in Hamilton v. Alabama (1961), 368
U.S. 52, and after Gideon in Coleman v. Alabama (1970), 399 U.S. 1, the Supreme Court stated that the right
to counsel exists at every critical stage of the proceeding.


hbsimmons88

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Reply #2 on: Aug 17, 2018
Thank you!


djofnc

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Reply #3 on: Aug 17, 2018
Always glad to help...


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