Crim Pro 6th Amendment Right to Counsel

What is the duty of the judge of the court when a defendant waives his right to counsel?

(1) Efficiency can happen in the courtroom when the defendant goes on trial without a lawyer (2) There must be integrity of the trial process The defendant must also be competent and the exercise of rights must be done in a reasonable manner, at a reasonable time, and at an appropriate state

What are the two parts to the Strickland Test?

1. Did the lawyer perform deficiently? If so, 2. Did the deficiency cause a prejudice?

Bell Model Rule for right to counsel

Under the 6th Amendment of the United States Constitution, criminal defendants are guaranteed the right to counsel. This right is guaranteed to criminal defendants in all critical stages of their prosecution and is automatically attached to the suspect once he is formally charged. The counsel does not need to be the best attorney; however, he must be an effective attorney. The following elements will be discussed: 1) Critical Stage 2) Effective/Ineffective assistance of counsel (Strickland test) 3) Waiver of right to counsel (knowingly, voluntarily, intelligently)

How does the waiver of the right to counsel have to be delivered?

Clear and unequivocal

What is the 6th Amendment of the U.S. Constitution?

Under the 6th Amendment to the United States Constitution, criminal defendants are guaranteed: (1) a right to counsel, (2) Right to a speedy and public trial, (3) Right to an impartial jury, (4) Right to be informed of the nature and cause of the accusation, (5) Right to confront witnesses against the accused, (6) Right to have compulsory process for obtaining witnesses in the accused's favor, (7) Right to have the assistance of counsel for the accused's defense

The right to counsel must be invoked how:

Unequivocal and unambiguous

What does a 6th Amendment right to counsel violation look like?

When the government is deliberately eliciting statements from a criminal defendant without his attorney present

Is the right to effective assistance of counsel guaranteed on a first appeal? Y/N

Yes

Does the Strickland test apply to the Plea stage of prosecution?

Yes because it is deemed a critical stage

Must an attorney inform his client if the plea carries a risk of deportation?

Yes, it would be deficient if not

When does the right to counsel end?

After sentencing

What is a critical stage?

A critical stage is any proceeding that can determine the fate of the defendant

What does "effective" counsel mean?

Effective assistance of counsel is presumed unless the adversarial process is so undermined by counsel's conduct that the trial cannot be relied upon to have produced a just result. (Strickland v. Washington)

How can a defendant waive his right to counsel?

It must be: (1) Knowing, (2) Intelligent (3) Voluntary It must be confirmed that the defendant: (1) understands what the 6th Amendment is (2) Understands the rights guaranteed under the 6th Amendment (3) Understands the consequences of waiving his 6th Amendment rights and the effect it could have on him

When does the 6th Amendment apply to the defendant?

The 6th Amendment applies to the defendant at all critical stages of a prosecution

What is deficient performance of a lawyer?

The lawyer provided below-average representation, as judged by an objective standard. The exceptions are: (1) A lawyers strategy (2) Failure to raise a constitutional claim that is later invalidated

What is the right to counsel?

The right to counsel is the right of a criminal defendant to have an attorney. This right includes the right to effective counsel

What does prejudiced mean when It comes to the Strickland test?

There is a reasonable probability that the result of the proceeding would have been different

What is the rule for indigent defendants?

They are allowed to have counsel appointed to them. Indigent - Defendant who cannot afford an attorney

Is the 6th Amendment "offense-specific"

Yes; It only attaches to the criminal once he is charged

How do you determine if a lawyer's work was ineffective?

You look at the lawyers actions during the proceedings and then apply the Strickland test