counsel, right to

counsel, right to
Constitutional right of criminal defendant to court appointed attorney if he is financially unable to retain private counsel; guaranteed by Sixth and Fourteenth Amendments to U.S. Constitution, and as well by court rule (Fed.R.Crim.P. 44), and statute (18 U.S.C.A. No. 3006A). Such right to counsel exists with respect to felonies (Gideon v. Wainright, 372 U.S. 335, 83 S.Ct. 792); misdemeanors when the sentence is to a jail term (Argersinger v. Hemlin, 407 U.S. 25, 92 S.Ct. 2006), and to juvenile delinquency proceedings (In re Gault, 387 U.S. 1, 87 S.Ct. 1428).
The extent of this right extends from the time that judicial proceedings have been initiated against the accused, whether by way of formal charge, preliminary hearing, indictment, information, or arraignment (Brewer v. Williams, 430 U.S. 387, 97 S.Ct. 1232), through to sentencing (Mempa v. Rhay, 389 U.S. 128, 88 S.Ct. 254) and appeal (Douglas v. California, 372 U.S. 353, 83 S.Ct. 814). There is no absolute right to appointed counsel in postconviction proceedings. Pennsylvania v. Finley, 481 U.S. 551, 107 S.Ct. 1990, 95 L.Ed.2d 539.
"Counsel" however within Sixth Amendment does not include a lay person but refers only to person authorized to practice law. U. S. v. Grismore, C.A.Colo., 546 F.2d 844, 847.

Black's law dictionary. . 1990.

Игры ⚽ Нужна курсовая?

Look at other dictionaries:

  • counsel, right to — Constitutional right of criminal defendant to court appointed attorney if he is financially unable to retain private counsel; guaranteed by Sixth and Fourteenth Amendments to U.S. Constitution, and as well by court rule (Fed.R.Crim.P. 44), and… …   Black's law dictionary

  • right — / rīt/ n [Old English riht, from riht righteous] 1 a: qualities (as adherence to duty or obedience to lawful authority) that together constitute the ideal of moral propriety or merit moral approval b: something that is morally just able to… …   Law dictionary

  • counsel — /kawnsal/ attorney or counsellor (q.v.). Advice and assistance given by one person to another in regard to a legal matter, proposed line of conduct, claim, or contention. See also counsel, right to. The words counsel and advise may be, and… …   Black's law dictionary

  • counsel — /kawnsal/ attorney or counsellor (q.v.). Advice and assistance given by one person to another in regard to a legal matter, proposed line of conduct, claim, or contention. See also counsel, right to. The words counsel and advise may be, and… …   Black's law dictionary

  • right to attorney — See counsel, right to …   Black's law dictionary

  • Right to counsel — is nowadays generally regarded as a constituent of the right to a fair trial, allowing for the defendant to be assisted by counsel (i.e. lawyers), and if he cannot afford his own lawyer, requiring that the government should appoint one for him,… …   Wikipedia

  • right to counsel — noun assistance of counsel, guaranty to be represented, right of representation, right to consult an attorney, right to legal assistance, Sixth Amendment Burton s Legal Thesaurus. William C. Burton. 2006 right to counsel …   Law dictionary

  • counsel — coun·sel 1 / kau̇n səl/ n pl counsel [Old French conseil advice, from Latin consilium discussion, advice, council, from consulere to consult]: lawyer: as a: a lawyer participating in the management or trial of a case in court ...to have the… …   Law dictionary

  • right to remain silent — noun Fifth Amendment, privilege against self incrimination, protection against self incrimination, right to refrain from testifying against one s self associated concepts: Miranda warnings Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • Right to silence — The right to remain silent is a legal right of any person. This right is recognized, explicitly or by convention, in many of the world s legal systems. The right covers a number of issues centered around the right of the accused or the defendant… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”