Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial

Date

2012

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Addresses the constitutional right to counsel, what standard of effectiveness a defendant may expect his counsel to perform, and the history of these concepts. Finally, it analyzes the practical applications of the right to counsel and the court's application of its attorney competence standards, leading to the conclusion that those in power may think they do no harm resisting the temptations of change, but by their deeds, if only for their own political survival, the least among us survive, and the smell of systemic disease lingers.

Description

Keywords

History of the right to counsel, History of due process, Fourth Amendments, Right to counsel vs. right to effective counsel, Farce and mockery of justice, Right of effective assistance and due process, Fundamental right to counsel, Fine-tuning ineffectiveness, Role of state actors, Normal competency standard or reasonably competent assistance of counsel, Strickland v. Washington, Modern interpretation of Strickland, United States v. Cronic, Modern interpretation of Cronic, Performance standard: great expectations, Prejudice standard: the impossible dream, Gideon v. Wainwright

Citation

Patrick S. Metze, Speaking Truth to Power: The Obligation of the Courts to Enforce the Right to Counsel at Trial, 45 Tex. Tech L. Rev. 163 (2012-2013)