POLI 3120 Chapter Notes - Chapter 17: Scottsboro Boys, Sixth Amendment To The United States Constitution, Preliminary Hearing
23 Apr 2020
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Initial appearance before a magistrate - they review the decision to charge someone. Preliminary hearing - a judicial determination as to whether there"s probable cause to hold someone for trial. Grand jury proceeding - the same function as a preliminary hearing. Eliminate those cases for which there is insufficient evidence and to set the stage for a fair resolution of the remaining cases. There is a right to counsel during pretrial proceedings. The court held that states were bound by the right to counsel clause for felonies. Scottsboro case of the 1930s (powell vs. alabama) Court held that states had to appoint counsel for indigent defendants in capital cases (subject to the death penalty) A few years later, this was extended to include all federal felony prosecutions. Up to the discretion of the courts. The accused is asked to complete a form. Information about assets, income, and so forth. Yes, there is a right to self-representation.
