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14 Cards in this Set
- Front
- Back
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Under which amendment does the accused have a right to Assistance of Counsel
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6th
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Right to counsel means the right to ____ or hire counsel. But if DF is _____ he/she has a right to have counsel ______ in any case in which DF________
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Retain
Indigent Appointed can be sent to jail (imprisonment) |
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A right to counsel applies to ___ ____ _____ of the proceedings.
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all critical stages
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A critical stage is on in which the DF is _____ to make a ______ which may later be formally used against him
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Compelled
Decision |
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A DF may waive his right to counsel, but he must do so _____ and ______
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Knowingly and intelligently,
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Under _______ v. Washington--DF also has a right to effective counsel. Counsel is ineffective if her performance is _____ and the ______ were _____, meaning tha tthere is a _____ probability that but for counsel's _____, the result of the proceeding would have been different
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Strickland
Deficient Deficiencies Prejudicial Reasonable Errors |
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Under Nix. v. _____ the 6th Amendment does not entitle the DF to a lawyer who will knowingly present perjured testimony. THis is one of the limits to the ____ standard that counsel has a duty of loyalty and is an exception to the ____-_____ privilege
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Whiteside
Strickland atty-client |
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Do you have to tattle if a you are sure client is guilty and is using the "imagine my surpise" defense? Why or why not
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No- You should let them know it's wrong to lie-- and allow they to testify-- Just don't encourage them to commit perjury
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Is there a right of counsel to petty offenses?
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Yes and No. Only in the cases in which there is a reasonable probability that a term of imprisonment might be imposed
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Does right to appointed counsel extend to first appeal and review by State or U.S. supreme court? Why or why not
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Only to first appeal. after first appeal the DF does not need an atty to have meaningful access to the higher appeallate cts.
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Under _____ v. CA, the 6th Amendment right to counsel implies the right ________________
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Faretta
to not have a lawyer (proceed pro se) |
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D who proceeds pro se must knowingly and inteligently waive his right. He must be informed of the ____ of the charges, dangers and _____ of self-rep, possible punishments,
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nature
disadvantages |
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Is the competency standard for pleading guility or waiving right to counsel the same as the competency for standing trial? What is that standard?
How can you argue the standards should not be the same |
Rationale understanding and reasonable ability
Arg that there's a difference between proceeding to trial w/ and atty and going alone. So there should be a heightened standard for going to trial alone |
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Under Strickland v. WA, How do you show counsel was deficient?
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Look at range of competence of attorneys
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