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

Front Cover
Greenwood Publishing Group, 2002 - Law - 258 pages

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

The Indigents Right to Appointed Counsel
50
Waiver of the Right to Counsel and the Constitutional Right of SelfRepresentation
60
The Allocation of DecisionMaking Authority between Counsel and the Accused
69
The Scope of the Right to the Assistance of Counsel
76
The Entitlement to Counsels Assistance Prior to Trial
77
The Entitlement to Counsels Assistance for and at Trial
102
The Entitlement to Counsels Assistance after Trial
106
The Content of the Right to the Assistance of Counsel
118

Eventual Agreement on the Need for a Bill of Rights
12
The Sixth Amendment Right to the Assistance of Counsel Is Born
14
The History of the Right to Counsel after Ratification of the Sixth Amendment
17
A Due Process Right to Retained and Appointed Assistance in State Court
18
A Sixth Amendment Right to Appointed Assistance in Federal Court
21
A More Limited Due Process Right to Appointed Counsel in State Court
23
An Ample Right to Retained Counsel in State Court
26
A Dramatic Expansion of the Right to Appointed Counsel in State Court Proceedings
28
Summary Reflections on the History of the Right to Counsel
30
Analysis
41
The Reasons for and Roles of Counsel in the Adversary System
42
The Right to Retained Counsel of Choice
46
The Entitlement to Adequate Investigation and Preparation for Trial
120
The Entitlement to Active Full Participation by Counsel in the Adversarial Process
123
The Entitlement to Consult with Counsel
131
The Entitlement to Loyal Representation by Counsel
139
The Entitlement to Competent Assistance from CounselThe Actual Ineffectiveness Doctrine
148
The Entitlement to Competent Representation by Counsel on Appeal
167
Automatic Reversal and Harmless Error
179
BIBLIOGRAPHICAL ESSAY
211
TABLE OF CASES
247
INDEX
251
Copyright

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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.

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