Legal Question in Criminal Law in Massachusetts

Capital Cases - Indigent Defendants' Rights to Effective Assistance
What, if anything, is the Court required to do to assure an indigent defendant in a capital case of effective legal assistance, if the defendant wishes to be represented by counsel that s/he cannot afford to pay, but whom the Court deems unqualified for appointment (& payment) by the Court? Can an indigent defendant refuse to have "backup" counsel appointed by the Court present during trial, and if so, what standard must the Court use to determine whether such a defendant's refusal of Court-appointed counsel is "knowing and intelligent?"

Asked on 8/25/00, 9:14 pm

Chester V. Shea III Law Offices of C.V.Shea III

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Re: Capital Cases - Indigent Defendants' Rights to Effective Assistance

All counsel are effective until shown to be otherwise.

The judge determines whether or not a defendant can represent him/herself and whether or not standby counsel should be appointed.

Answered on 10/03/00, 6:30 pm

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