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Criminal Procedure

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University of Maine School of Law

Right to counsel

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A Measure Of Our Justice System: A Look At Maine's Indigent Criminal Defense Delivery System, Ronald W. Schneider Jr. Apr 2018

A Measure Of Our Justice System: A Look At Maine's Indigent Criminal Defense Delivery System, Ronald W. Schneider Jr.

Maine Law Review

This Comment will examine briefly the history of the right to counsel and the accompanying right to the effective assistance of counsel in this country. At the time the Sixth Amendment was included in the Bill of Rights, the United States rejected the English practice of denying the right to counsel to those accused of felonies while granting the right to those charged with misdemeanors. People in the United States have enjoyed the right to counsel in all criminal cases, felonies and misdemeanors, since 1791. Yet in a very real and dangerous sense, the courts have reversed the course of …


Too Low A Price: Waiver And The Right To Counsel, Zachary L. Heiden Oct 2017

Too Low A Price: Waiver And The Right To Counsel, Zachary L. Heiden

Maine Law Review

Easy waiver of the right to counsel is at the heart of the problem with inadequate funding for criminal defense counsel for the indigent: without freely granted waiver of the right to counsel, the crisis in funding for indigent defense would, in the short term, be greatly magnified. But, the ready acceptance of the waivability of the right to counsel devalues and diminishes the significance of the assistance of counsel in criminal matters.