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Right to counsel

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Articles 151 - 167 of 167

Full-Text Articles in Criminal Procedure

James V. Headley: Right To Counsel For Petty Offenses Jan 1969

James V. Headley: Right To Counsel For Petty Offenses

Georgia Law Review

The Court of Appeals for the Fifth Circuit in the case of James v. Headley' was confronted with the question of whether an accused is entitled to court-appointed counsel when charged only with a "petty offense," that is, an offense carrying a maximum penalty of six months in jail and/or a $500 fine. Basing its decision on the sixth amendment,the court concluded that the two appellants were entitled to have court appointed counsel. The court, in an opinion by Judge Wisdom, held that as a general proposition, there is a sixth amendment right to counsel for any defendant in a …


Criminal Law--Misdemeanors--Indigent's Right To Appointed Counsel, John Charles Lobert Jun 1968

Criminal Law--Misdemeanors--Indigent's Right To Appointed Counsel, John Charles Lobert

West Virginia Law Review

No abstract provided.


The Right To Counsel In Misdemeanor Cases, John M. Junker Apr 1968

The Right To Counsel In Misdemeanor Cases, John M. Junker

Washington Law Review

These then are the focal tasks of the present inquiry: first, to examine the present status of the misdemeanant's right to counsel under the Constitution; second, to evaluate possible substitutes for the felony standard; and finally, to attempt to explain the longevity of the felony standard in the face of powerful doctrinal and social forces for change. The present status, of the misdemeanant's right to appointed counsel, both in law and in fact, is detailed in the Appendix.


The Right To Counsel In Misdemeanor Cases, John M. Junker Apr 1968

The Right To Counsel In Misdemeanor Cases, John M. Junker

Washington Law Review

These then are the focal tasks of the present inquiry: first, to examine the present status of the misdemeanant's right to counsel under the Constitution; second, to evaluate possible substitutes for the felony standard; and finally, to attempt to explain the longevity of the felony standard in the face of powerful doctrinal and social forces for change. The present status, of the misdemeanant's right to appointed counsel, both in law and in fact, is detailed in the Appendix.


Covert Contingencies In The Right To The Assistance Of Counsel, Abraham S. Blumberg Apr 1967

Covert Contingencies In The Right To The Assistance Of Counsel, Abraham S. Blumberg

Vanderbilt Law Review

On the basis of a sociological survey showing that a very large percentage of guilty pleas are induced by defense counsel, Professor Blumberg concludes that criminal justice is not structured on the adversary model which the Supreme Court's right to counsel decisions presuppose. He submits that the primary loyalty of defense counsel is to the criminal court "system," the informal organization of court officials on which they depend for their professional existence. He suggests further that the additional attorneys which will be required to implement the right to counsel decisions will simply serve to make the"system" more efficient in utilizing …


Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review Jan 1967

Criminal Law-Confessions-Admission Of Illegally Obtained Confession In State Criminal Prosecution Is Harmless Error Not Requiring Reversal Of Conviction--People V. Jacobson, Michigan Law Review

Michigan Law Review

Defendant voluntarily admitted that he had murdered his daughter to a social worker, two ambulance attendants, and three police officers sent to investigate the incident. He continued to declare his guilt to these officers after his arrest, on the way to the police station, and at the police station where he was interrogated without the benefit of counsel although he had not waived his right to counsel. All of the confessions-approximately ten-were admitted in evidence at the defendant's trial over his objection that the two confessions obtained during the interrogation should have been excluded since he had been denied his …


The Citizen On Trial: The New Confession Rules, Yale Kamisar Jan 1967

The Citizen On Trial: The New Confession Rules, Yale Kamisar

Articles

Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."


Constitutional Law--Indigents' Waiver Of Counsel On Appeal, John I. Rogers Ii Jun 1966

Constitutional Law--Indigents' Waiver Of Counsel On Appeal, John I. Rogers Ii

West Virginia Law Review

No abstract provided.


Constitutional Law--Criminal Procedure--Right To Effective Assistance Of Counsel, Paul F. Guthrie Jan 1966

Constitutional Law--Criminal Procedure--Right To Effective Assistance Of Counsel, Paul F. Guthrie

Kentucky Law Journal

No abstract provided.


Right To Counsel In Criminal Cases, Edward T. Haggins Jan 1966

Right To Counsel In Criminal Cases, Edward T. Haggins

Cleveland State Law Review

"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law... He requires the guiding hand of counsel at every step of the proceedings against him." These words, written in 1932 by Mr. Justice Sutherland for the majority in the famous case of Powell v. Alabama underline the fundamental right of a defendant in American criminal proceeding to have the assistance of counsel.


Criminal Law And Procedure, Henry Paul Monaghan Jan 1966

Criminal Law And Procedure, Henry Paul Monaghan

Faculty Scholarship

§12.1 Introduction. The recent decisions of the United States Supreme Court in the area of criminal procedure have begun to have a considerable impact upon litigation in the Massachusetts courts; indeed, for at least the second successive year the major emphasis of the Supreme Judicial Court's criminal law opinions centered upon considerations of "criminal due process." On the whole, the Court demonstrated an admirable concern for protecting the requirements of a fair trial. However, in at least two significant areas its decisions are open to considerable question: (1) in a series of opinions the Court confined the admittedly unclear …


Involuntary Confessions And Article 35, Criminal Procedure Code, Stanley Z. Fisher Jan 1966

Involuntary Confessions And Article 35, Criminal Procedure Code, Stanley Z. Fisher

Faculty Scholarship

Improper methods of police interrogation are known to every country in the world. And everywhere, it is agreed that an accused's confession of guilt which has been procured through physical violence, psychological intimidation, or improper inducements or promises cannot be considered in evidence against him at trial. The primary reason why involuntary confessions are excluded from evidence is that they are unreliable indices of truth; men have been known to admit crimes of which they are innocent, simply to escape the pain of torture or to obtain an irresistible benefit.


The Right To Counsel For Indigents In State Criminal Trials, H,. Rutherford Turnbull Iii Jan 1963

The Right To Counsel For Indigents In State Criminal Trials, H,. Rutherford Turnbull Iii

Maryland Law Review

No abstract provided.


Criminal Procedure--Right To Counsel Prior To Trial, C. Gibson Downing Jr. Jan 1955

Criminal Procedure--Right To Counsel Prior To Trial, C. Gibson Downing Jr.

Kentucky Law Journal

No abstract provided.


Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed. Nov 1954

Federal Procedure - Availability Of Coram Nobis In Federal Cases Involving Right Of Counsel, John Leddy S.Ed.

Michigan Law Review

ln 1939 Robert Morgan pleaded guilty to a charge of mail theft and was sentenced by a federal district court to four years imprisonment. He served the term and was released. In 1950 he was convicted of a crime in New York state and sentenced as a second offender because of his previous federal conviction. In 1952 he made application to the district court of original sentence for a common law writ of coram nobis, seeking an order vacating and setting aside his conviction by that court on the ground that he was not given assistance of counsel and had …


Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Wolford V. Buchanan--Rule Of Gholson Case Modified?, George R. Creedle Jan 1951

Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Wolford V. Buchanan--Rule Of Gholson Case Modified?, George R. Creedle

Kentucky Law Journal

No abstract provided.


Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Gholson V. Commonwealth, Norris W. Reigler Jan 1949

Right Of Accused To Assigned Counsel In Non-Capital Felony Prosecutions--Gholson V. Commonwealth, Norris W. Reigler

Kentucky Law Journal

No abstract provided.