Civic · 6 pages · 12 min

Why the right to counsel is not the right to a particular outcome

The right to counsel guarantees a lawyer's help in the case, not a win or a chosen sentence.

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From the opening

The right to counsel is a right to the assistance of a lawyer at the stages of a criminal case where that assistance is required. It is not a right to be acquitted, to receive a particular plea offer, or to have a sentence fall below what the law allows. The opening covers counsel assists at required stages, the verdict still follows the proof, and no promised sentence comes with the lawyer.

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Inside

  • Counsel assists at required stages
  • The verdict still follows the proof
  • No promised sentence comes with the lawyer
  • A loss can still be lawful
  • Where the idea stops applying
  • A distinction worth keeping

Sources

  • Right to counsel
  • Assistance of counsel