The Right to the Assistance of Counsel: A Reference Guide to the United States Constitution

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Greenwood Publishing Group, Jan 1, 2002 - Law - 258 pages
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Inaugurating Greenw4ood's Reference Guides to the United States Constitution series, this superlative guide to the Sixth Amendment is the first to survey the legal guarantee of counsel's assistance since 1963's Gideon ruling. The vast majority of important, even landmark cases regarding the right to counsel were decided after that pivotal ruling, making this the definitive work on the topic. Tomkovicz offers a concise yet substantial account of the historical development of the right to counsel in England and America.

Included are:

*A brief history of the topic

*Lengthy and sophisticated analysis of the current state of the law

*A bibliographical essay organizing and evaluating scholarly material for further research

*A table of cases

*Index

A thorough analysis of the relevant U.S. Supreme Court's doctrine gives concrete content to the right to assistance of defense counsel. Scholars and students of the U.S. Constitution, along with attorneys and lay readers, will gain a rich understanding of the meaning and importance of the Sixth Amendment, and a comprehensive overview of a cornerstone of America's constitutional and legal order.

  

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Contents

A History of the Right to Counsel
1
The English Common Law Right to the Assistance of Counsel
2
The Beginnings of an Entitlement to Counsel in Felony and in Treason Cases
6
The Right to Counsel in America Prior to the Adoption of the Sixth Amendment
9
Constitutional Entitlements to the Assistance of Counsel in the Colonies and States
10
Statutory Entitlements to the Assistance of Counsel in the Colonies and States
11
A Common Law Rejection of the British Rule
13
The Formulation of a National Constitution and the Adoption of the Sixth Amendment Right to the Assistance of Counsel
14
The Right to Retained Counsel of Choice
50
The Indigents Right to Appointed Counsel
54
Waiver of the Right to Counsel and the Constitutional Right of SelfRepresentation
64
The Allocation of DecisionMaking Authority between Counsel and the Accused
73
The Scope of the Right to the Assistance of Counsel
80
The Entitlement to Counsels Assistance Prior to Trial
81
The Entitlement to Counsels Assistance for and at Trial
106
The Entitlement to Counsels Assistance after Trial
110

The Constitutional Convention and the Drafting of the United States Constitution
15
Eventual Agreement on the Need for a Bill of Rights
16
The Sixth Amendment Right to the Assistance of Counsel Is Born
18
The History of the Right to Counsel after Ratification of the Sixth Amendment
21
A Due Process Right to Retained and Appointed Assistance in State Court
22
A Sixth Amendment Right to Appointed Assistance in Federal Court
25
A More Limited Due Process Right to Appointed Counsel in State Court
27
An Ample Right to Retained Counsel in State Court
30
A Dramatic Expansion of the Right to Appointed Counsel in State Court Proceedings
32
Summary Reflections on the History of the Right to Counsel
34
Analysis
45
The Reasons for and Roles of Counsel in the Adversary System
46
The Content of the Right to the Assistance of Counsel
122
The Entitlement to Adequate Investigation and Preparation for Trial
124
The Entitlement to Active Full Participation by Counsel in the Adversarial Process
127
The Entitlement to Consult with Counsel
135
The Entitlement to Loyal Representation by Counsel
143
The Entitlement to Competent Assistance from CounselThe Actual Ineffectiveness Doctrine
152
The Entitlement to Competent Representation by Counsel on Appeal
171
Automatic Reversal and Harmless Error
183
BIBLIOGRAPHICAL ESSAY
215
TABLE OF CASES
251
INDEX
255
Copyright

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The Right to the Assistance of Counsel: A Reference Guide to the ...
The Right to the Assistance of Counsel: A Reference Guide to the United States Constitution Book by James J. Tomkovicz; 2002.
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The Right to the Assistance of Counsel: A Reference Guide to the ...
The Right to the Assistance of Counsel: A Reference Guide to the United States Constitution Tomkovicz, James J. Inaugurating Greenwood's Reference Guides to ...
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Right to Counsel legal definition of Right to Counsel. Right to ...
The Right to the Assistance of Counsel: A Reference Guide to the United States Constitution. Westport, Conn.: Greenwood Press. ...
legal-dictionary.thefreedictionary.com/ Right+to+Counsel

-1- INDIANA UNIVERSITY-BLOOMINGTON SCHOOL OF LAW LIBRARY MONTHLY ...
-1-. INDIANA UNIVERSITY-BLOOMINGTON. SCHOOL OF LAW LIBRARY. MONTHLY ACQUISITIONS LIST. NOVEMBER 1-30, 2002. ABORTION--MORAL AND ETHICAL ASPECTS. ...
www.law.indiana.edu/ lib/ pubs/ acqlist/ acq1102.pdf

About the author (2002)

JAMES J. TOMKOVICZ is Professor of Law at the University of Iowa's College of Law. He served as a judicial clerk for the Honorable Edward J. Schwartz and the Honorable John M. Ferren. Professor Tomkovicz is co-author of a casebook on criminal procedure, has written a number of scholarly articles pertaining to the Fourth Amendment, the Sixth Amendment, and other topics of criminal law and procedure, and has authored three amicus curiae briefs in cases before the United States Supreme Court.

Bibliographic information