Right to Counsel

Introduction

There exist multiple situations in which an individual may be entitled to a right to counsel, three of which will be addressed in the subsections to follow. First, Individuals generally have a right to counsel at trial, including a right to effective counsel, so long as their conviction is not offensive to the fundamental ideas of fairness and right. Second, following the initiation of judicial proceedings, the government may not deliberately elicit incriminating statements from a suspect in absence of counsel. Third, after the initiation of a judicial proceeding, an individual has a right to counsel during a "lineup." Each of these situations will be discussed in greater detail below.

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Page last updated: 2/17/2007
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