|
Fuller V. Oregon
''Fuller v. Oregon'', 417 U.S. 40 (1974), was a United States Supreme Court case in which the Court held that Oregon's statute allowing for the recoupment of costs related to court-appointed defense counsel did not violate either the Fourteenth Amendment's Equal Protection Clause or the Sixth Amendment's Assistance of Counsel Clause The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: ''"In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."'' The assistance of counse .... The statute required convicted defendants who were indigent at the time of their trial, but later acquired financial means, to repay the costs of their court-appointed lawyer and investigator.. References External links * United States Supreme Court cases in 1974 United States equal protection case law United States Supreme Court cases United States Supreme Court cases of the Burger Cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sixth Amendment To The United States Constitution
The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied all but one of this amendment's protections to the states through the Due Process Clause of the Fourteenth Amendment. The Sixth Amendment guarantees criminal defendants eight different rights, including the right to a speedy and public trial by an impartial jury consisting of jurors from the state and district in which the crime was alleged to have been committed. Under the impartial jury requirement, jurors must be unbiased, and the jury must consist of a representative cross-section of the community. The right to a jury applies only to offenses in which the penalty is imprisonment for longer than six months. In '' Barker v. Wingo'', the Supreme Court articulated a balancing test to determine whether a defendant's right to a speedy trial had been violated. It ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fourteenth Amendment To The United States Constitution
The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Considered one of the most consequential amendments, it addresses Citizenship of the United States, citizenship rights and equal protection under the law at all levels of government. The Fourteenth Amendment was a response to issues affecting Freedman#United States, freed slaves following the American Civil War, and its passage was bitterly contested. States of the defeated Confederate States of America, Confederacy were required to ratify it to regain representation in United States Congress, Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark Supreme Court of the United States, Supreme Court decisions, such as ''Brown v. Board of Education'' (1954; prohibiting Racial segregation in the United States, racial segregation in State school#United St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Defender (United States)
In the United States, a public defender is a lawyer appointed by the courts and provided by the state or federal governments to represent and advise those charged with a crime or crimes who cannot afford to hire a private attorney. Public defenders are full-time attorneys employed by the state or federal governments. The public defender system is one of several types of criminal legal aid, the most common other system being appointed private counsel paid for by the government. Background and history Prior to the Sixth Amendment of the United States Constitution, legal aid was accessible only to those who had the ability to pay. During that time, people who were not able to pay for an attorney usually did not have access to one. The Sixth Amendment changed this concept that only those who had money had the right to an attorney. The Sixth Amendment reads:In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equal Protection Clause
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State... deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law. A primary motivation for this clause was to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection by law. As a whole, the Fourteenth Amendment marked a large shift in American constitutionalism, by applying substantially more constitutional restrictions against the states than had applied before the American Civil War, Civil War. The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal justice under law, Equal Justice Under Law". This clause was the basis for ''Brown v. Board ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Assistance Of Counsel Clause
The Assistance of Counsel Clause of the Sixth Amendment to the United States Constitution provides: ''"In all criminal prosecutions, the accused shall enjoy the right...to have the Assistance of Counsel for his defence."'' The assistance of counsel clause includes five distinct rights: the right to counsel of choice, the right to appointed counsel, the right to conflict-free counsel, the effective assistance of counsel, and the right to represent oneself ''pro se''. Attachment at critical stages As stated in '' Brewer v. Williams'', , the right to counsel "means at least that a person is entitled to the help of a lawyer at or after the time that judicial proceedings have been initiated against him, 'whether by way of formal charge, preliminary hearing, indictment, information, or arraignment. ''Brewer'' goes on to conclude that once adversarial proceedings have begun against a defendant, he has a right to legal representation when the government interrogates him and that when a de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Legal Aid & Defender Association
The National Legal Aid & Defender Association (NLADA) is the oldest and largest national, nonprofit membership organization devoted to advocating equal justice for all Americans and was established in 1911. History The Fourteenth Amendment to the United States Constitution and its Equal Protection Clause provides equal justice under law. Beginning in the late 1800s and throughout the early years of the 20th century, the American legal profession expressed its commitment to the concept of free legal assistance for poor people in the form of legal aid societies and bar association legal aid committees. The first legal aid society, The German Society of New York, was founded in 1876 to protect German immigrants from exploitation. Subsequently, the agency's protection was extended to others and in 1890 it became the Legal Aid Society of New York. In 1888, the Ethical Culture Society of Chicago established by the Bureau of Justice was the first agency to offer legal assistance ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court Cases In 1974
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film * ''The United'' (film), an unreleased Arabic-language film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe * "United (Who We Are)", a song by XO-IQ, featured in the television serie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
