introduction to constitutional law unit 8. cj140-02a – introduction to constitutional law unit 8:...

Introduction to Introduction to Constitutional LawConstitutional Law

Unit 8Unit 8

CJ140-02A – Introduction to CJ140-02A – Introduction to Constitutional LawConstitutional Law

Unit 8: The Sixth AmendmentUnit 8: The Sixth Amendment

CJ140 – Class 8 Part 1

Tonight’s TopicTonight’s Topic

• We will discuss the Sixth Amendment We will discuss the Sixth Amendment with the following Unit Goals in mind:with the following Unit Goals in mind:

• State the two requirements for a fair trial State the two requirements for a fair trial • Identify the factors governing whether a trial is Identify the factors governing whether a trial is

"speedy" "speedy" • Describe the location where a trial may be held Describe the location where a trial may be held

and the requirements for juries and the requirements for juries • Explain the scope of the right to counsel in the Explain the scope of the right to counsel in the

legal system legal system • Address the presumption about attorney Address the presumption about attorney

competence competence • Recognize what is required for a waiver of right Recognize what is required for a waiver of right

to counselto counsel

Tonight’s TopicTonight’s Topic

We will also discuss the following We will also discuss the following questions:questions:

1.1.The right to counsel for criminal The right to counsel for criminal defendants in high profile cases raises defendants in high profile cases raises philosophical questions. Do you think that philosophical questions. Do you think that some attorneys are too vigorous in their some attorneys are too vigorous in their client representation? client representation?

2.2.If you were given the choice to represent If you were given the choice to represent the prosecution or the defense in a the prosecution or the defense in a criminal case, which would you choose criminal case, which would you choose and why? and why?

3.3.Could you represent a defendant who told Could you represent a defendant who told you that he or she committed the crime you that he or she committed the crime with which he or she is charged? with which he or she is charged?

The Sixth AmendmentThe Sixth Amendment

““In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, 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.”

The Sixth AmendmentThe Sixth Amendment

““In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, 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.”

The Sixth AmendmentThe Sixth Amendment

““In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, 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.”

The Sixth AmendmentThe Sixth Amendment

““In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, 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.”

The Sixth AmendmentThe Sixth Amendment

““In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, 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.”

The Sixth AmendmentThe Sixth Amendment

““In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, 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.”

The Sixth AmendmentThe Sixth Amendment

““In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, 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.”

The Sixth AmendmentThe Sixth Amendment

““In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, 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.”

The Sixth AmendmentThe Sixth Amendment

““In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, 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.”

The Sixth Amendment The Sixth Amendment GuaranteesGuarantees

• Right to Counsel• Right to trial by jury• Speedy Trial • Right to Confront Witnesses/Accusers• Right to a Public Trial– Implications with the press– Media coverage– The First Amendment gives the press a limited

right to attend a criminal trial.– A trial judge may issue a gag order that directs

the parties to the trial not to talk to the press or otherwise release information that would jeopardize a fair trial

Right to CounselRight to Counsel

CJ140 – Class 8 Part 2

Definition of Indigent• Generally, a person who is poor, and

unable to afford a lawyer;• Court’s make the legal

determination if a Defendant is indigent;

• Affidavit of income and expenses is completed by a Defendant and examined by the court;

• Order entered declaring indigent status or denying indigent status;

Evolution of Right to Counsel via Case Law

• Powell v. Alabama – 1932 “In a capital case, where a defendant is unable to employ counsel, and is capable of making his own defense because of ignorance, feeblemindedness, illiteracy, or the like, it is the duty of the court…to assign counsel to give effective aid in the preparation and trial of the case.”

Additional Cases

• Johnson v. Zerbst The Sixth Amendment withholds from federal courts, in all criminal proceedings, the power and authority to deprive an accused of his life or liberty unless he has or waives the assistance of counsel. The waiver, the Court ruled, must be by the intelligent choice of the defendant, will not be presumed from a silent record, and must be determined by the trial court before proceeding in the absence of counsel.

• How has this expanded a Defendant’s Rights?

Gideon v. Wainwright (1963)

• The United States Supreme Court decided that the right to assistance of counsel is ''fundamental'' and the Fourteenth Amendment does make the right constitutionally required in state courts.

• The Court's did not address the issue of whether the right to assistance of counsel was allowed for defendants charged with misdemeanors.

Is there a right to counsel in Misdemeanor cases:

• Argersinger v. Hamlin (1972): The United States Supreme Court held that the right applies to any misdemeanor case in which imprisonment is imposed--that no person may be sentenced to jail who was convicted in the absence of counsel, unless he validly waived his right.  

When does the Right to Counsel Attach?

• At what point in the criminal process is a suspect entitled to counsel?

• Escobedo v. Illinois (1964): Right to counsel begins with a criminal investigation;

• Focus is on the process before an arrest;• Defendant is not necessarily a defendant,

but a suspect;

Right to Counsel at “CRITICAL STAGE”

• During questioning and investigative stage if defendant requests an attorney (Part of Miranda)

• After being charged with a crime• At line up• Pretrial stages for identification purposes• Arraignment / Preliminary Hearings• Pretrial Stages• Trial• Appellate Process

DiscussionDiscussion

If you were given the choice to If you were given the choice to represent the prosecution or the represent the prosecution or the

defense in a criminal case, defense in a criminal case, which would you choose and which would you choose and

why? why?

DiscussionDiscussion

Could you represent a defendant Could you represent a defendant who told you that he or she who told you that he or she

committed the crime with which committed the crime with which he or she is charged? he or she is charged?

Questions?Questions?