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Author Question: Discuss the history of the right to appoint counsel in criminal prosecutions and when it applies. ... (Read 74 times)

Garrulous

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on: Aug 17, 2018
Discuss the history of the right to appoint counsel in criminal prosecutions and when it applies.
 
  What will be an ideal response?

Question 2

Explain the meaning of effective assistance of counsel.
 
  What will be an ideal response?


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chereeb

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

Answer: Answers should address the Powell v. Alabama and Gideon cases and their holdings, and then how the right to appointed counsel was expanded to apply at the initiation of adversarial proceedings (Kirby v. Illinois). Incorporation of the Sixth Amendment to the states should also be addressed.

Answer to Question 2

Answer: Answers will include McMann v. Richardson, 397 U.S. 759 (1970), wherein the Court held that counsel is effective when his or her legal advice is within the range of competence demanded of attorneys in criminal cases. This was a somewhat vague standard, so the Court created a new test in Strickland v. Washington, 466 U.S. 668 (1984).


Garrulous

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Reply #2 on: Aug 17, 2018
Thanks


chereeb

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Reply #3 on: Aug 17, 2018
Welcome :)


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