The Right to the Assistance of Counsel pdf epub mobi txt 電子書 下載2025

The most definitive historical and analytic reference work on the Sixth Amendment's guarantee of counsel's assistance to be written since the Gideon ruling in 1963. Inaugurating Greenwood's Reference Guides to the United States Constitution series, this superlative guide to the Sixth Amendment is the first to survey and capture the law regarding the guarantee of counsel's assistance since 1963's Gideon ruling. The vast majority of important, even landmark, cases regarding the right to counsel have been decided after that pivotal ruling, making this the definitive work on the topic. The text contains a concise, yet substantial account of the historical development of the right to counsel in England and America. A thorough and detailed analysis of all aspects and details 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 United States Constitution, along with attorneys and lay readers, can expect to gain a rich understanding of the meaning and importance of the Sixth Amendment to our constitutional order through this comprehensive overview of one of the cornerstones of America's constitutional and legal order. Starting with a thorough historical account of the Sixth Amendment, Tomkovicz then moves on to an extensive analysis of the nature and character of the right to counsel, the scope of the right to the assistance of counsel, and the content of the right to the assistance of counsel. An extensive bibliographic essay concludes the book, placing the relevant literature in historical and intellectual context. The historical account tracks the development of the entitlement to assistance in England, the colonies, and post-revolution America before sketching the gradual development of the constitutional rights between the late 18th century and the early 1960s. The analysis of the modern constitutional right to counsel paints a detailed picture of its status and significance today. 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.