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QUESTION

Criminal Procedure II

Part I

In what Amendment is the "right to counsel" found? Is this a fundamental right? Why?

When does it apply? 

Should the "right to counsel" be expanded or limited? Why?  

Should the "right to counsel" exist? Why?

Part II

1. Case Summary

Using your text and the internet, in narrative format with a minimum of 500 words, outline the case of Powell v. Alabama. Give the facts, issue, and court holding of the case.

 2. Case Analysis

How, and to what extent, were the nine co-defendants represented by counsel?

3. Why did the Supreme Court conclude they were not properly represented and give the factors for their decision?

4. If you were the judge in the Powell v. Alabama case, what policies or procedures would you put in place to have ensured the right to representation would have not been compromised?

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