assistance of counsel


assistance of counsel
Sixth Amendment to Federal Constitution, guaranteeing accused in criminal prosecution "assistance of counsel" for his defense, means effective assistance, as distinguished from bad faith, sham, mere pretense or want of opportunity for conferences and preparation. Fed.R.Crim.P. 44; 18 U.S.C.A. No. 3006A; Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799; Geders v. U. S. 425 U.S. 80, 96 S.Ct. 1330, 47 L.Ed.2d 592.

Black's law dictionary. . 1990.

Look at other dictionaries:

  • assistance of counsel — as·sis·tance of counsel: the help of a lawyer which a defendant in a criminal prosecution is guaranteed by the Sixth Amendment to the U.S. Constitution see also ineffective assistance of counsel; powell v. alabama in the important cases section ◇ …   Law dictionary

  • assistance of counsel — The right of one accused of crime to have legal counsel for his defense as provided by the Sixth Amendment to the United States Constitution or by a state constitution. 21 Am J2d Crim L §§ 309 et seq …   Ballentine's law dictionary

  • ineffective assistance of counsel — in·ef·fec·tive assistance of counsel: representation of a criminal defendant that is so flawed as to deprive the defendant of a fair trial claimed ineffective assistance of counsel following his conviction – called also ineffective assistance; ◇… …   Law dictionary

  • Ineffective assistance of counsel — is an issue raised in legal malpractice suits and in appeals in criminal cases where a criminal defendant asserts that their criminal conviction occurred because their attorney failed to properly defend the case. In order to prevail on such a… …   Wikipedia

  • effective assistance of counsel — The right of a criminal defendant or appellant to have competent legal representation, whether the lawyer was appointed by the court or retained by the defendant. In general, competent legal representation is without errors that would result in… …   Law dictionary

  • effective assistance of counsel — Conscientious, meaningful representation wherein accused is advised of his rights and honest, learned and able counsel is given a reasonable opportunity to perform task assigned to him. State v. Williams, Iowa, 207 N.W.2d 98, 104. Benchmark for… …   Black's law dictionary

  • counsel — coun·sel 1 / kau̇n səl/ n pl counsel [Old French conseil advice, from Latin consilium discussion, advice, council, from consulere to consult]: lawyer: as a: a lawyer participating in the management or trial of a case in court ...to have the… …   Law dictionary

  • assistance — I noun accommodation, adiumentum, adjuvancy, advocacy, aid, auxilium, benefit, benevolence, championship, cooperation, furtherance, help, helpfulness, intercession, participation, reinforcement, subsidy, succor, support associated concepts: able… …   Law dictionary

  • counsel, right to — Constitutional right of criminal defendant to court appointed attorney if he is financially unable to retain private counsel; guaranteed by Sixth and Fourteenth Amendments to U.S. Constitution, and as well by court rule (Fed.R.Crim.P. 44), and… …   Black's law dictionary

  • Counsel — A counsel or a counselor gives advice, more particularly in legal matters. U.K. and Ireland The legal system in England uses the term counsel as an approximate synonym for a barrister at law, and may apply it to mean either a single person who… …   Wikipedia


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