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The Supreme Court ruled 8–1 that effective legal counsel is a right but in order to prove the counsel is ineffective, the defendant needs to prove (1) their lawyer's performance was below a certain standard and (2) there is a chance that if it was not for the ineffectiveness, a different result could have occurred.
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 ...
In criminal cases where the defendant faces at least one year of imprisonment, the defendant has the right to legal counsel. [13] Although there is a right to legal defense, there is no organized public defender system. Instead, any lawyer can be appointed to provide counsel to a specific defendant, and the defendant can select a specific lawyer.
It's more about the rule of law and requiring the government to prove guilt before the awesome power of the state can be invoked to circumscribe an American citizen's freedom or even take his life ...
According to the U.S. Department of Defense, judge advocates typically join the JAG Corps after graduating from law school. An exception is the U.S. Army's Funded Legal Education Program, under which a small number of active-duty officers and non-commissioned officers are selected to attend law school on a full-time basis tuition-free while ...
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 ...
Criminal defendants sometimes employ an “advice of counsel” defense to try to demonstrate that they had not intended to break the law. Fact check: Trump’s misleading claim about the judge ...
The defense counsel will then make a plea in mitigation (also called submissions on penalty) in an attempt to mitigate the relative seriousness of the offense, and heavily refer to and rely upon the defendant's previous good character and good works, if any.