NCJ Number
125686
Editor(s)
L L Weinreb
Date Published
1990
Length
83 pages
Annotation
This chapter presents nine edited, leading U.S. Supreme Court decisions involving the defendant's right to counsel.
Abstract
Powell v. Alabama (1932) holds that it is the trial judge's duty to appoint counsel for an accused who is unable to employ counsel, and Betts v. Brady (1942) holds that the fourteenth amendment does not obligate the States to furnish counsel in every criminal case. Gideon v. Wainwright (1963) overturns Betts v. Brady and affirms that a fair trial is not possible without counsel for the defendant. Douglas v. California (1963) holds that an indigent defendant has an absolute right to appointed counsel in appealing a State criminal conviction. Argersinger v. Hamlin (1972) reasons that absent a knowing and intelligent waiver, no person may be imprisoned for any offense, regardless of classification, without representation by counsel at trial. Ross v. Moffitt (1974) reasons that the right to counsel does not apply in discretionary State appeals and for applications for review in the U.S. Supreme Court. United States v. Cronic (1984) reasons that case circumstances measured by the State appellate court's criteria for effective counsel do not warrant a ruling that trial counsel was ineffective; and Strickland v. Washington (1984) holds that counsel ineffectiveness can only be shown by evidence of deficient performance or sufficient prejudice. Faretta v. California (1975) rules that a State may not force an appointed attorney on a defendant when the defendant insists that he wishes to conduct his/her own defense. The text includes some dissenting opinions. Case footnotes.