Case Law: Sixth Amendment II

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Case LawSixth Amendment (II)
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I. Counsel Aftermath of Gideon

• Counsel Provided in All Prosecutions?

• Significance of Incarceration

- Argersinger v. Hamlin (1972)
- Scott v. Illinois (1979)

• Appeals Stage the Justice Process

• The Right to Effective Assistance by Counsel

- Strickland v. WA (1984) and its two-part test

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II. An Impartial Jury

• Jury Composition

- Inclusion of citizens generally in juror pool
- Exclusion of specific jurors (in voir dire)
For cause
For no cause (peremptory challenges)

• Challenges to Peremptory Challenge

- Batson v. Kentucky (1986) and 14th Amend.
- Sequels to Batson (p. 569)

• How to Compose an Impartial Jury?

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III. Be ConfrontedWitnesses

• Importance of Witnesses in Trial

• Key Cases on Testimony

- Maryland v. Craig (1990) and open court
OConnor opinion for majority
Scalia dissent (1)
- Davis v. WA (2006) and cross-examination
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