RIGHT OF THE ACCUSED TO TRIAL BEFORE A LAWYER JUDGE

• NCJ Number: 35267
• Journal: NOTRE DAME LAWYER Volume: 51 Issue: 4 Dated: (APRIL 1976) Pages: 833-848
• Author(s): B P Moehn
• Date Published: 1976
• Length: 16 pages
• Corporate Author: University of Notre Dame
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXAMINATION OF THE DEFENDANT'S ARGUMENT IN NORTH V RUSSEL (1975) THAT DUE PROCESS REQUIRES THE STATES TO AFFORD THE DEFENDANT A LAWYER JUDGE IN MISDEMEANOR CASES PUNISHABLE BY IMPRISONMENT.

Abstract

AN OVERVIEW OF BRITISH AND AMERICAN HISTORICAL PERSPECTIVES REGARDING DUE PROCESS AND THE RIGHT TO A LAWYER JUDGE IS UNDERTAKEN. THE THREE DIFFERING VIEWS ADOPTED BY STATE SUPREME COURTS IN CROUCH V JUSTICE OF THE PEACE COURT OF THE SIXTH PRECINCT (1968), GORDON V JUSTICE COURT FOR YUBA JD OF SUTTER COUNTY (1974), AND DITTY V HAMPTON (1973) ARE EXAMINED, AND CASE LAW ON THE RELATED RIGHT TO COUNSEL ISSUE ARE SURVEYED. THE AUTHOR CONCLUDES THAT THE STATE MUST ENSURE THAT THE DUE PROCESS STANDARD IS MAINTAINED.