James Tomkovicz

The Right to the Assistance of Counsel

A Reference Guide to the United States Constitution

• Gebundenes Buch

Produktbeschreibung

The section concerning the "nature and character" of the right to counsel depicts counsel's role in the adversary system, the entitlement to retained or appointed assistance, and the right of self-representation. The section addressing the "scope" of the right to counsel explains the expansion of the right into pretrial phases of criminal proceedings and the development of a Fourteenth Amendment right to legal assistance on appeal. The section that focuses on the "content" of the right to counsel explores the rich variety of distinct components that constitute the substance of the entitlement to effective legal assistance.

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Inaugurating Greenw4ood's Reference Guides to the United States Constitution series, this superlative guide to the Sixth Amendment is the first to survey the legal guarantee of counsel's assistance since 1963's Gideon ruling. The vast majority of important, even landmark cases regarding the right to counsel were decided after that pivotal ruling, making this the definitive work on the topic. Tomkovicz offers a concise yet substantial account of the historical development of the right to counsel in England and America. Included are: .A brief history of the topic .Lengthy and sophisticated analysis of the current state of the law .A bibliographical essay organizing and evaluating scholarly material for further research .A table of cases .Index A thorough analysis of the relevant U.S. Supreme Court's doctrine gives concrete content to the right to assistance of defense counsel. Scholars and students of the U.S. Constitution, along with attorneys and lay readers, will gain a rich understanding of the meaning and importance of the Sixth Amendment, and a comprehensive overview of a cornerstone of America's constitutional and legal order.

Produktdetails

• Verlag: Praeger
• Seitenzahl: 288
• Erscheinungstermin: 30. September 2002
• Englisch
• Abmessung: 240mm x 161mm x 20mm
• Gewicht: 601g
• ISBN-13: 9780313314483
• ISBN-10: 0313314489
• Artikelnr.: 21890820

Autorenporträt

JAMES J. TOMKOVICZ is Professor of Law at the University of Iowa's College of Law. He served as a judicial clerk for the Honorable Edward J. Schwartz and the Honorable John M. Ferren. Professor Tomkovicz is co-author of a casebook on criminal procedure, has written a number of scholarly articles pertaining to the Fourth Amendment, the Sixth Amendment, and other topics of criminal law and procedure, and has authored three amicus curiae briefs in cases before the United States Supreme Court.

Inhaltsangabe

Series Foreword by Jack Stark Foreword by Yale Kamisar Introduction A
History of the Right to Counsel An Introduction Humble Beginnings: The
English Common Law Right to the Assistance of Counsel A Departure from the
British Common Law Rule: The Right to Counsel in America Prior to the
Adoption of the Sixth Amendment The Formulation of a National Constitution
and the Adoption of the Sixth Amendment Right to the Assistance of Counsel
The History of the Right to Counsel After Ratification of the Sixth
Amendment Summary and Reflections on the History of the Right to Counsel
Analysis The Nature and Character of the Right to Counsel The Scope of the
Right to the Assistance of Counsel The Content of the Right to the
Assistance of Counsel Bibliographical Essay Index