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Constitutional Law

1982

William & Mary Law School

Right to Fair and Impartial Trial

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The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus Apr 1982

The Media In The Courtroom: Attending, Reporting, Televising Criminal Cases, Paul Marcus

Faculty Publications

No abstract provided.


The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus Jan 1982

The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus

Faculty Publications

The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …