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Origins and Development of Right to Counsel, Including Effective Assistance of Counsel in Capital Cases
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1. Jochnowitz, Leona. "Origins and Development of Right to Counsel, Including Effective Assistance of Counsel in Capital Cases" Paper presented at the annual meeting of the American Society of Criminology, Royal York, Toronto, <Not Available>. 2009-02-09 <http://www.allacademic.com/meta/p24894_index.html> Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper will provide a discussion of the history and scholarship concerning the right to counsel in criminal cases, with particular focus on the right to effective assistance of counsel in capital cases. The review covers the English judicial doctrine, the codification of the right in the early colonial charters and state constitutions, and the modern interpretation and application of the sixth amendment. It discusses the evolution of the right from consultation with private counsel to appointment of counsel for indigents. It addresses principles of federalism and state autonomy, covering landmark cases. The paper will address corollaries of the right to counsel in capital cases; counsel’s effective assistance, performance standards, appointment and compensation, and conflict of interest issues, which go to the heart of the fair administration of the death penalty. Good representation, performance standards and compensation may lead to fewer death sentences. Capital cases involve unique procedures, requiring specialized experience with juries in guilt and penalty phases. While the sixth amendment standards for effective assistance of counsel in criminal cases differ analytically from "death is different standard" applied in eighth amendment capital cases, recent cases show that the Court is sensitive to capital counsel’s special duties regarding mitigation evidence.
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| | Authors: Jochnowitz, Leona. |
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1. Jochnowitz, Leona. "Origins and Development of Right to Counsel, Including
Effective Assistance of Counsel in Capital Cases" Paper presented at the annual
meeting of the American Society of Criminology, Royal York, Toronto, <Not Available>.
2009-02-09 <http://www.allacademic.com/meta/p24894_index.html>
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: This paper will provide a discussion of the history and scholarship concerning
the right to counsel in criminal cases, with particular focus on the right to effective
assistance of counsel in capital cases. The review covers the English judicial doctrine, the
codification of the right in the early colonial charters and state constitutions, and the
modern interpretation and application of the sixth amendment. It discusses the evolution
of the right from consultation with private counsel to appointment of counsel for
indigents. It addresses principles of federalism and state autonomy, covering landmark
cases. The paper will address corollaries of the right to counsel in capital cases; counsel’s
effective assistance, performance standards, appointment and compensation, and conflict
of interest issues, which go to the heart of the fair administration of the death penalty.
Good representation, performance standards and compensation may lead to fewer death
sentences. Capital cases involve unique procedures, requiring specialized experience with
juries in guilt and penalty phases. While the sixth amendment standards for effective
assistance of counsel in criminal cases differ analytically from "death is different
standard" applied in eighth amendment capital cases, recent cases show that the Court is
sensitive to capital counsel’s special duties regarding mitigation evidence.
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