skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 51000 Find in a Library
Title: RIGHT TO COUNSEL
Journal: AMERICAN CRIMINAL LAW REVIEW  Volume:16  Issue:1  Dated:(SUMMER 1978)  Pages:51-65
Author(s): P V STARK
Corporate Author: American Bar Assoc
Criminal Justice Section
United States of America
Date Published: 1978
Page Count: 16
Sponsoring Agency: American Bar Assoc
Washington, DC 20005-1009
Format: Article
Language: English
Country: United States of America
Annotation: U.S. SUPREME COURT EXTENSIONS OF THE SIXTH AMENDMENT'S GUARANTEE OF COUNSEL ARE DISCUSSED, WITH ATTENTION TO REPRESENTATION OF MULTIPLE DEFENDANTS, CHOICE OF COUNSEL, AND REPRESENTATION AT CRITICAL STAGES OF PROCEEDINGS.
Abstract: ALTHOUGH IN GLASSER V. U.S. (1972), THE SUPREME COURT ESTABLISHED THE PRINCIPLE THAT JOINT REPRESENTATION OF DEFENDANTS MAY AMOUNT TO A SIXTH AMENDMENT VIOLATION WHEN IT CREATES A CONFLICT OF INTEREST, IT DID NOT RESOLVE THE ISSUE OF WHETHER PREJUDICE OR AN ACTUAL CONFLICT MUST BE SHOWN OR WHETHER AN ASSERTION BY COUNSEL OF A POSSIBLE CONFLICT SUFFICES. DURING THE 1977-78 TERM, THE COURT RESOLVED THIS ISSUE IN REVERSING AN ARKANSAS SUPREME COURT RULING IN HOLLOWAY V. ARKANSAS. IN THE COURSE OF A TRIAL OF THREE DEFENDANTS REPRESENTED BY A SINGLE COUNSEL, EACH DEFENDANT TOOK THE STAND IN HIS OWN BEHALF, AND DESPITE THE DEFENSE COUNSEL'S PLEA BEFORE THE TRIAL COURT THAT HE COULD NOT EFFECTIVELY QUESTION ANY ONE OF THE DEFENDANTS AND AT THE SAME TIME PROTECT THE RIGHTS OF EACH, THE TRIAL JUDGE ALLOWED EACH DEFENDANT TO TESTIFY WITHOUT THE ASSISTANCE OF COUNSEL. ALTHOUGH THE STATE SUPREME COURT HELD THAT NO SIXTH AMENDMENT VIOLATION OCCURRED, THE U.S. SUPREME COURT REVERSED, RULING THAT THE FAILURE TO EITHER APPOINT SEPARATE COUNSEL OR TAKE STEPS TO ASCERTAIN THE RISKS INHERENT IN THE SITUATION, EFFECTIVELY DEPRIVED THE DEFENDANTS OF THEIR RIGHT TO COUNSEL. HOWEVER, WITH RESPECT TO THE RIGHT TO CHOICE OF COUNSEL, THE COURT DENIED CERTIORARI IN 1977-1978 IN THREE CASES (VILLARREAL V. U.S., SMITH V. ILLINOIS, AND U.S. V. SWONGER) WHICH ALLEGED INEFFECTIVE ASSISTANCE OF COUNSEL DUE TO THE SUBSTITUTION OF OR THE REFUSAL TO SUBSTITUTE APPOINTED COUNSEL WITH A RETAINED ATTORNEY. WITH REGARD TO THE RIGHT TO COUNSEL AT CRITICAL STAGES OF CRIMINAL PROCEEDINGS, THE COURT DENIED CERTIORARI IN 1977-1978 IN THREE CASES (JAGO V. PAPP, BROWN V. STATE, AND FORSACK V. U.S.) THUS AFFIRMING THE FOLLOWING LOWER COURT HOLDINGS: MIRANDA WARNINGS AND THEIR CONCOMITANT RIGHT TO COUNSEL MUST BE COMPLIED WITH DURING SUSPECT INTERROGATION; MIRANDA WARNINGS ARE NOT REQUIRED DURING THE QUESTIONING OF A WITNESS AT A CRIME SCENE LACKING THE COMPELLING ATMOSPHERE INHERENT IN AN INCUSTODY INTERROGATION; AND NO MIRANDA WARNINGS ARE REQUIRED AT A POSTARREST, NONCUSTODIAL INTERVIEW CONDUCTED BY A FEDERAL REPRESENTATIVE AT A FEDERAL OFFICE. ALSO, IN THE 1977-78 TERM, THE COURT DECIDED MOORE V. ILLINOIS, A CASE WHICH FURTHER EXTENDS PREVIOUS DECISIONS WHICH HELD THAT ALL CORPOREAL IDENTIFICATION CONDUCTED BEFORE THE INITIATION OF ADVERSARY JUDICIAL CRIMINAL PROCEEDINGS ARE CONTROLLED BY THE DUE PROCESS STANDARD. REFERENCES ARE FOOTNOTED. (KBL)
Index Term(s): Judicial review; Right to counsel; US Supreme Court
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=51000

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.