1. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 8-1 Chapter 8 Confrontation and Assistance of Counsel This chapter examines: Defendant’s rights to be present at trial Right of confrontation Defendant’s right to counsel Right to appointed counsel Self-representation Duties of counsel Effective assistance of counsel

2. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 8-2 Defendant’s Presence at Trial Sixth Amendment right Must be present at start of felony trial. Some states provide that counsel may appear on behalf of an absent defendant in misdemeanor cases. Trial may continue after it is started if defendant absents him, or her self or is removed from the courtroom because of disruptive behavior.

3. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 8-3 Disruption of Trial Illinois v. Allen Defendant may lose his or her right to be present by disruptive behavior. Trial judge generally must warn defendant and give the defendant a chance to behave before removing him or her from the courtroom.

4. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 8-4 Unruly Defendant Constitutionally permissible ways for a trial judge to handle an unruly defendant: Bind and gag defendant Cite defendant for contempt Take defendant out of the courtroom until defendant promises to behave

5. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 8-5 Voluntary Absence from Trial Early decisions—trial must stop Cureton v. United States If the defendant at liberty remains away during his or her trial, the trial may proceed if it is determined that the absence was voluntary. Cureton test–defendant must have knowingly and voluntarily absented him or her self.

6. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 8-6 Right to Counsel Sixth Amendment—“in all criminal proceedings, the accused shall... have the assistance of counsel for his defense.” The right to counsel question is different from the question as to when the state must provide counsel for an indigent defendant.

7. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 8-7 Right to Appointed Counsel When charged with a felony When charged with a misdemeanor and confronted with possibility of confinement Powell v. Alabama Gideon v. Wainwright Argersinger v. Hamlin

8. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 8-8 Right of Self-Representation Faretta v. California Implied Sixth Amendment right Knowing and intelligent waiver Judge may appoint standby counsel

9. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 8-9 When Does the Right to Counsel Begin? Escobedo v. Illinois When an investigation focuses on a particular suspect At every significant phase of a criminal trial including pretrial hearings

10. PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 8-10 Effective Assistance of Counsel Strickland v. Washington test Counsel performance was deficient. The deficient performance prejudiced the defense.