RIGHT TO COUNSEL IN MISDEMEANOR COURT

• NCJ Number: 14278
• Author(s): L HERMAN
• Date Published: 1974
• Length: 115 pages
• Sale Source: Ohio State University Press
• Language: English
• Country: United States of America

Annotation

THE RIGHT TO BE REPRESENTED, BY PUBLICALLY-SPONSORED COUNSEL IF NECESSARY, IS REVIEWED FROM CONSTITUTIONAL, HISTORICAL AND PRAGMATIC PERSPECTIVES.

Abstract

IN DECIDING THE CASE OF ARGERSINGER V. HAMLIN, THE SUPREME COURT DID NOT FORTH-RIGHTLY RECOGNIZE A RIGHT TO COUNSEL IN MISDEMEANOR CASES. RATHER, IT HELD ONLY THAT AN UNREPRESENTED INDIGENT COULD NOT BE SENTENCED TO JAIL. IN THIS BOOK, THE AUTHOR EXPLORES THE HISTORY OF THE RIGHT TO COUNSEL, INQUIRES INTO THE NEED FOR LAWYERS IN MISDEMEANOR CASES, CONSIDERS THE EXTENSION OF THE RIGHT TO COUNSEL FROM THE STANDPOINT OF CONSTITUTIONAL DOCTRINE AND PRECEDENTS, AND ANALYZES THE ALLEGED ADMINISTRATIVE BURDEN. HE CONCLUDES THAT EVERY POOR PERSON CHARGED WITH A CRIME SHOULD HAVE THE RIGHT TO COUNSEL AND THAT, IN ITS ARGERSINGER DECISION, THE SUPREME COURT NOT ONLY COMPROMISED THE RIGHT TO COUNSEL BUT PERMITTED THE STATES TO PROFIT FROM THEIR OWN MALADMINISTRATION OF JUSTICE IN MISDEMEANOR COURTS. (AUTHOR ABSTRACT)