Changing Role of the Trial Judge in Criminal Cases: Ensuring That the Sixth Amendment Right to Assistance of Counsel Is Effective

• NCJ Number: 108211
• Journal: University of California Davis Law Review Volume: 20 Issue: 2 Dated: (Winter 1987) Pages: 339-352
• Author(s): F J Remington
• Date Published: 1987
• Length: 14 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article examines the extent to which the trial judge's role includes ensuring that criminal defendants receive effective assistance of counsel.

Abstract

The trial judge should assume greater responsibility in ensuring that defendants are effectively represented in matters involving important Federal constitutional issues bearing upon defendants' rights. In ensuring that defendants have received effective assistance of counsel in guilty pleas, judges should require defense counsel to respond, on the record, to questions that determine whether counsel has ensured that the defendant has made an informed decision about pleading guilty. The judge should also determine that counsel has assisted the defendant in making an informed decision about whether to appeal a verdict. Counsel should also be questioned by the judge regarding whether counsel has discussed the presentence report with the defendant and impressed upon the defendant the importance of bringing to the judge's attention any inaccuracies or inadequacies. The judge should also determine that counsel has discussed with the defendant matters pertaining to an informed decision about submitting lesser included offenses to the jury. The trial judge must also examine whether there is any conflict of interest when the same attorney represents several defendants. 44 footnotes.