Constitutional Law

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Submitted By wilkim5789
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CJ 3352
Assignment 6 – Chapter 8

1. What is notable about the case of Powell v. Alabama (briefly describe what happened in the case). The first case to recognize the right of indigent criminal defendant to court appointed counsel. Nine African American youths were charged with raping two white girls. They were tried in a racially tense environment in which the stat militia had to be called in to protect them from an angry mob.

2. Describe the right to assistance of counsel in pre-trial and post-trial proceedings. The sixth amendment right to counsel was originally viewed as a trial right

3. What are a defendant’s rights with regards to self-representation? The right to waive assistance of counsel and conduct one’s own defense.

4. How does a defendant’s claim of “ineffective assistance of counsel” have bearing on his or her Sixth Amendment rights? The counsels performance was deficient and the outcome would probably have been different had the representation been adequate.

5. With regards to the Sixth Amendment, what are the responsibilities of the police and other agents of the state once prosecution has been commenced? Discuss with regards to the following: (a) warning and waiver of the right to counsel must secure a valid waiver of the right to have control to counsel present during the proceedings. (b) police responsibility to provide counsel police departments specify what officers must do to secure appointed counsel for defendants who lack the means to hire a lawyer on their own. (c) participation by counsel the degree of which the police must allow defense counsel to play an active role varies with the procedures.

6. What kinds of acts by police might constitute improper interference with the attorney-client relationship? Monitoring or tape recording private conversations, intercepting telephone calls, or prevailing on counsel…...

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