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Simple English definitions for legal terms

Right to counsel

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A quick definition of Right to counsel:

The right to counsel means that if someone is accused of a crime, they have the right to have a lawyer help them, even if they can't afford to pay for one. This right is guaranteed by the Sixth Amendment in federal cases and was extended to state cases in 1963. However, for some smaller crimes, there may not be a guaranteed right to a lawyer. The right to counsel attaches when formal charges are brought against the accused. The right to counsel also implies the right to an effective lawyer, meaning that the lawyer must do a good job and not make mistakes that could harm the accused's case. However, the lawyer cannot allow the accused to lie in court, even if it could help their case. If the lawyer does not do a good job, the accused may be entitled to a new trial.

A more thorough explanation:

The right to counsel refers to a person's right to have a lawyer help them in their defense if they are accused of a crime, even if they cannot afford to pay for a lawyer themselves. This right is guaranteed by the Sixth Amendment in federal cases and was extended to state cases in 1963 by the Supreme Court in Gideon v. Wainwright.

However, there are some exceptions to this right. For example, in certain misdemeanor cases, a person may not have a guaranteed right to counsel.

When a person gains the right to counsel can be a controversial issue. The Supreme Court has ruled that a person gains the right to an attorney "at or after the time that judicial proceedings have been initiated against him, whether by formal charge, preliminary hearing, indictment, information, or arraignment."

The right to counsel also implies the right to an effective lawyer. If a court-appointed attorney does not provide effective counsel, a new trial may be granted. The Supreme Court has established a two-prong test to determine whether an attorney has provided effective counsel: whether the attorney's performance was deficient under the circumstances and whether the attorney's supposed subpar conduct affected the trial's outcome.

However, an attorney has a duty not to allow their client to give perjured information. The Supreme Court has held that the Sixth Amendment right of a criminal defendant is not violated when an attorney refuses to cooperate with the defendant in presenting perjured evidence at trial.

For example, in United States v. Shaffer Equip. Co., the court found that an attorney who allows their client to commit perjury violates their duty of candor and good faith required to protect the integrity of the judicial process.

Overall, the right to counsel is an important protection for individuals accused of crimes, but it is not an absolute right and comes with certain limitations.

Right to confront witness | right to jury trial

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