Discuss how the “critical stage” doctrine is used to determine when counsel is required at pretrial and post-trial proceedings. Discuss these pretrial proceedings, what the identified case says about right to counsel, and why the Supreme Court decided the way it did:
· Police Investigations
· Custodial Interrogations – Miranda v. Arizona (1966)
· Arraignment – Hamilton v. Alabama (1961)
· Preliminary Examination/Hearings – Coleman v. Alabama (1970)
· Plea-Bargaining – White v. Maryland (1963)
· Sentencing/Deferred Sentencing – Mempa v. Ray (1967)
· Probation & Parole Revocation Hearings – Gagnon v. Scarpelli (1973), Morrissey v. Brewer (1972)
· Juvenile Delinquency Trials – In re Gault (1967)
· Right to Counsel on First/Mandatory Appeal – Douglas v. California (1963)
· Right to Counsel on Second/Discretionary Appeals – Ross v. Moffitt (1974)
Discuss what the Supreme Court says the accused is entitled to when defining “effective counsel” according to the Sixth Amendment. Also discuss the two-prong test used to define defective or ineffective counsel discussed in Strickland v. Washington (1984). Identify the only claim presumed by the court to be an example of ineffective assistance by counsel. (Read the Strickland v. Washington case for this information)
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