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Gideon v. Wainwright, 372 U.S. 335 (1963), was a landmark U.S. Supreme Court decision in which the Court ruled that the Sixth Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own.
As stated in Brewer v.Williams, 430 U.S. 387 (1977), the right to counsel "means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. ' " [2] Brewer goes on to conclude that once adversarial proceedings have begun ...
Crawford v. Washington, 541 U.S. 36 (2004) The Supreme Court held that the admission of "testimonial" hearsay in a criminal trial violates the defendant's Sixth Amendment right to confront the witnesses against him unless the declarant is unavailable to testify at trial and the defendant had a prior opportunity to cross-examine the declarant.
The 1688 Bill of Rights provides no such limitation to assembly. Under the common law, the right of an individual to petition implies the right of multiple individuals to assemble lawfully for that purpose. [11] England's implied right to assemble to petition was made an express right in the US First Amendment.
In criminal law, the right to counsel means a defendant has a legal right to have the assistance of counsel (i.e., lawyers) and, if the defendant cannot afford a lawyer, requires that the government appoint one or pay the defendant's legal expenses. The right to counsel is generally regarded as a constituent of the right to a fair trial ...
The last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978. Only 16 states had ratified it when the seven-year time limit expired.
While the First Amendment protects a wide range of free speech activities, including the rights to assemble and protest, the Supreme Court has long recognized the government’s right to restrict ...
In United States law, ineffective assistance of counsel (IAC [1]) is a claim raised by a convicted criminal defendant asserting that the defendant's legal counsel performed so ineffectively that it deprived the defendant of the constitutional right guaranteed by the Assistance of Counsel Clause of the Sixth Amendment to the United States ...
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