Chapter 12: The Initiation of the Legal Process, Bail, and the Right
Argersinger v. Hamlin, 407 U.S. 25 (1972). The right to counsel applies in misdemeanor
case that carries the possibility of imprisonment.
Betts v. Brady, 316 U.S. 455 (1942). States are not required in felony cases that do not
involve life or death to furnish a defendant a lawyer.
Blackledge v.Perry, 417 U.S. 21 (1974). A prosecutor may not bring a vindictive
prosecution and substitute a more serious charge when a defendant is retried following a
Faretta v. California, 422 U.S. 806 (1992). An accused has the constitutional right to
represent him or herself.
Gideon Wainwright, 372 U.S. 335 (1963). The Sixth Amendment right to counsel is
applicable to state proceedings.
Indiana v. Edwards, __U.S.__ (2009). The Sixth Amendment right of self-representation
is not absolute. A plaintiff is required to possess the mental capacity to conduct
proceedings by him or herself.
Powell v. Alabama, 287 U.S. 45 (1932). The denial of counsel in a death penalty case
violates due process.
Riverside County v. McLaughlin, 500 U.S. 44 (1991). A probable cause hearing is
required to be conducted within forty-eight hours following a warrantless arrest.
Scott v. Illinois, 440 U.S. 367 (1979). There is no right to counsel in a prosecution for an
offense that does not result in imprisonment
Stack v. Boyle, 342 U.S. 1 (1951). Bail beyond the amount required to insure that an
individual will appear for trial is excessive.
Strickland v. Washington, 466 U.S. 668 (1984). A defendant has a Sixth Amendment
right to “effective assistance of counsel. An accused who claims ineffective assistance is
required demonstrate a deficient performance by a lawyer and a reasonable probability
that but for the deficiency that the result of the proceeding would have been different.
United States v. Salerno, 481 U.S. 739 (1987). A defendant may be denied bail and
subjected to preventive detention.
Wayte v. United States, 470 U.S. 598 (1985). A prosecutor is required to possess probable
cause to charge an individual with a criminal offense that is supported by probable cause.
A claim of “selective prosecution” must be based on a showing of a discriminatory effect
and a discriminatory intent.