1. Introduction to Constitutional Law Unit 8

2. CJ140-02A – Introduction to Constitutional Law Unit 8: The Sixth Amendment CJ140 – Class 8 Part 1

3. Tonight’s Topic We will discuss the Sixth Amendment with the following Unit Goals in mind: We will discuss the Sixth Amendment with the following Unit Goals in mind: State the two requirements for a fair trial State the two requirements for a fair trial Identify the factors governing whether a trial is "speedy" Identify the factors governing whether a trial is "speedy" Describe the location where a trial may be held and the requirements for juries Describe the location where a trial may be held and the requirements for juries Explain the scope of the right to counsel in the legal system Explain the scope of the right to counsel in the legal system Address the presumption about attorney competence Address the presumption about attorney competence Recognize what is required for a waiver of right to counsel Recognize what is required for a waiver of right to counsel

4. Tonight’s Topic We will also discuss the following questions: 1.The right to counsel for criminal defendants in high profile cases raises philosophical questions. Do you think that some attorneys are too vigorous in their client representation? 2.If you were given the choice to represent the prosecution or the defense in a criminal case, which would you choose and why? 3.Could you represent a defendant who told you that he or she committed the crime with which he or she is charged?

5. The Sixth Amendment “ “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

6. The Sixth Amendment “ “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

7. The Sixth Amendment “ “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

8. The Sixth Amendment “ “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

9. The Sixth Amendment “ “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

10. The Sixth Amendment “ “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

11. The Sixth Amendment “ “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

12. The Sixth Amendment “ “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

13. The Sixth Amendment “ “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”

14. The Sixth Amendment Guarantees Right to Counsel Right to trial by jury Speedy Trial Right to Confront Witnesses/Accusers Right to a Public Trial – Implications with the press – Media coverage – The First Amendment gives the press a limited right to attend a criminal trial. – A trial judge may issue a gag order that directs the parties to the trial not to talk to the press or otherwise release information that would jeopardize a fair trial

15. Right to Counsel CJ140 – Class 8 Part 2

16. Definition of Indigent Generally, a person who is poor, and unable to afford a lawyer; Court’s make the legal determination if a Defendant is indigent; Affidavit of income and expenses is completed by a Defendant and examined by the court; Order entered declaring indigent status or denying indigent status;

17. Evolution of Right to Counsel via Case Law Powell v. Alabama – 1932 “In a capital case, where a defendant is unable to employ counsel, and is capable of making his own defense because of ignorance, feeblemindedness, illiteracy, or the like, it is the duty of the court…to assign counsel to give effective aid in the preparation and trial of the case.”

18. Additional Cases Johnson v. Zerbst The Sixth Amendment withholds from federal courts, in all criminal proceedings, the power and authority to deprive an accused of his life or liberty unless he has or waives the assistance of counsel. The waiver, the Court ruled, must be by the intelligent choice of the defendant, will not be presumed from a silent record, and must be determined by the trial court before proceeding in the absence of counsel. How has this expanded a Defendant’s Rights? '

19. Gideon v. Wainwright (1963) The United States Supreme Court decided that the right to assistance of counsel is ''fundamental'' and the Fourteenth Amendment does make the right constitutionally required in state courts. The Court's did not address the issue of whether the right to assistance of counsel was allowed for defendants charged with misdemeanors.

20. Is there a right to counsel in Misdemeanor cases: Argersinger v. Hamlin (1972): The United States Supreme Court held that the right applies to any misdemeanor case in which imprisonment is imposed--that no person may be sentenced to jail who was convicted in the absence of counsel, unless he validly waived his right.

21. When does the Right to Counsel Attach? At what point in the criminal process is a suspect entitled to counsel? Escobedo v. Illinois (1964): Right to counsel begins with a criminal investigation; Focus is on the process before an arrest; Defendant is not necessarily a defendant, but a suspect;

22. Right to Counsel at “CRITICAL STAGE” During questioning and investigative stage if defendant requests an attorney (Part of Miranda) After being charged with a crime At line up Pretrial stages for identification purposes Arraignment / Preliminary Hearings Pretrial Stages Trial Appellate Process

23. Discussion If you were given the choice to represent the prosecution or the defense in a criminal case, which would you choose and why?

24. Discussion Could you represent a defendant who told you that he or she committed the crime with which he or she is charged?

25. Questions?