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Lesson Plan
Right to Counsel
CONTENT AND COMPETENCIES
Content
This lesson will present an overview of the Sixth Amendment right to counsel. The right of the indigent to
Objectives
• Right of the indigent to appointed counsel
MATERIALS AND RESOURCES
Computer and PowerPoint projector
KEYWORDS AND TERMS
accused
appointed counsel
indictment
information
prosecution
retained counsel
_________________________________________________________ Chapter 8 Right to Counsel 2
Constitutional Law
Kanovitz
CRITICAL THINKING QUESTION
What is the Sixth Amendment right for the indigent to appointed counsel?
Guidelines: The Sixth Amendment today entitles indigent criminal defendants charged with a felony to
representation at the state’s expense. In the case of misdemeanor prosecutions, the right to counsel turns on
Understand the
development of
the right of the
Overview of the Sixth
Amendment Right to
Counsel
_________________________________________________________ Chapter 8 Right to Counsel 3
Constitutional Law
Kanovitz
CRITICAL THINKING QUESTION
What are critical stage pretrial events?
Guidelines: Critical stage events take place after criminal prosecution has commenced. Thereafter, the Sixth
Recognize
critical stage
events in the
prosecutorial
process.
Understand the
The Right of the
Assistance of Counsel
in Pre- and Post-trial
Proceedings; Critical
Stages of the
Prosecution and
_________________________________________________________ Chapter 8 Right to Counsel 4
Constitutional Law
Kanovitz
CRITICAL THINKING QUESTION
What are the Sixth Amendment restrictions on police conduct?
Guidelines: The Sixth Amendment right to counsel places two restrictions on the police. Both spring into
Understand the
defendant’s
right to
effective
Ineffective Assistance of
Counsel
Sixth Amendment
_________________________________________________________ Chapter 8 Right to Counsel 5
Constitutional Law
Kanovitz
CRITICAL THINKING QUESTION
When does the defendant Sixth Amendment right to counsel apply in pretrial identification
procedures?
Understand the
Sixth
Amendment,
Fourth
Amendment,
and due
Pretrial Identification
Procedures
Fourth Amendment
Requirements for
Pretrial Identification
Right to Counsel during
Pretrial Identification
Procedures
Determining Whether
Prosecution Has
Commenced
PPT:
• 9–10
Figures:
• Fig. 8.1: Main use of each identification procedure