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818 KB
Extraction Summary
3
People
1
Organizations
0
Locations
1
Events
2
Relationships
2
Quotes
Document Information
Type:
Legal document
File Size:
818 KB
Summary
This document is a page from a legal filing, dated July 2, 2021, arguing that it is reasonable for a defendant, Cosby, to rely on the advice of his attorneys. The text cites the 1938 Supreme Court case Johnson v. Zerbst, quoting Justice Black's opinion on the constitutional necessity of counsel for defendants who lack the legal expertise to navigate the complexities of the criminal justice system. The argument centers on the idea that without professional legal guidance, a defendant cannot adequately defend themselves.
People (3)
| Name | Role | Context |
|---|---|---|
| D.A. Castor | District Attorney |
Mentioned as having made a charging decision that Cosby was expected to rely upon.
|
| Cosby | Defendant |
Mentioned as a defendant who acted in reliance upon his attorneys' advice and a charging decision by D.A. Castor.
|
| Justice Black | Justice |
Cited as the author of an explanation in the case Johnson v. Zerbst regarding the right to counsel.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| Court | government agency |
Mentioned in a quote from Johnson v. Zerbst: 'this Court has pointed to the humane policy of modern criminal law...'
|
Timeline (1 events)
1938
Relationships (2)
The document states that D.A. Castor, a prosecutor, made a charging decision and reasonably expected Cosby, the defendant, to act in reliance upon it.
The document discusses Cosby's reliance on the advice of his attorneys, framing it as a reasonable action.
Key Quotes (2)
"[The right to counsel] embodies a realistic recognition of the obvious truth that the average defendant does not have the professional legal skill to protect himself when brought before a tribunal with power to take his life or liberty, wherein the prosecution is presented by experienced and learned counsel. That which is simple, orderly, and necessary to the lawyer, to the untrained layman may appear intricate, complex, and mysterious. Consistently with the wise policy of the Sixth Amendment and other parts of our fundamental charter, this Court has pointed to the humane policy of modern criminal law, which now provides that a defendant, if he be poor, may have counsel furnished [to] him by the state, not infrequently more able than the attorney for the state.’"Source
— Justice Black
(Quoted from the legal case Johnson v. Zerbst (1938) to explain the rationale behind the constitutional right to counsel.)
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Quote #1
"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law. If charged with crime, he is incapable, generally, of determining for himself whether the indictment is good or bad. He is unfamiliar with the rules of evidence. Left without the aid of counsel he may be put on trial without a proper charge, and convicted upon incompetent evidence, or evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and knowledge adequately to prepare his defence, even though he [may] have a perfect one. He requires the guiding hand of counsel at every step in the proceedings against him."Source
— Justice Black
(Quoted from the legal case Johnson v. Zerbst (1938) to further elaborate on the necessity of legal counsel for a defendant.)
DOJ-OGR-00004882.jpg
Quote #2
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