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									        6 th   Amendment
            Right to Counsel
Amy                            Period 3 U.S
Spencer                        Government
Brennen &
 “In all criminal prosecutions , the accused
 shall enjoy the right to a speedy and public
  trial, by an impartial jury of the State and
 district wherein the crime shall have been
 committed, which district shall have been
   previously ascertained by law, and to be
    informed of the nature and cause of the
     accusation; to be confronted with the
 witnesses against him; to have compulsory
process for obtaining witnesses in his favor,
and to have the Assistance of Counsel for his
           defense.”--6th Amendment
What is the “Right to Counsel”?

The Right to Counsel is interpreted
in the Miranda Warning as:

“You have the right to an attorney
and to have an attorney present
during questioning. If you cannot
afford an attorney, one will be
provided to you at no cost.”
      Betts v. Brady, 1942
    RESTRICTED the rights of the 6th amendment

C   F         > Betts was found guilty of
                robbery in Maryland
A   A
S   C         > Betts filed writ of habeas corpus
                at the Circuit Court for
E   T           Washington County, Maryland
    S           claiming he had been denied
    What was the issue

    Whether due process of law
demands that where a man is tried
for robbery, Maryland must furnish
 counsel to an indigent defendant
 On the basis of historical data (“…constitutional
and statutory provisions subsisting in the colonies
 and the States prior to the inclusion of the Bill of
Rights in the national Constitution…” the Court
 conducted that “appointment of counsel is not a
    fundamental right, essential to a fair trial.”
Justice Roberts for the Court observed that the 6th
  Amendment would compel the result only in
  federal courts but that in state courts the Due
Process Clause of the 14th amendment “formulates
        a concept less rigid and more fluid.”
Gideon v. Wainwright, 1963
    EXPANDED the rights of the 6 th Amendment
            Gideon was accused of breaking
           into a pool hall in Bay County,
           Florida and taking money from the
C   F      vending machines.
A   A       Gideon appeared in court too
           poor to afford counsel and had been
S   C      forced therefore to act as his own
E   T      counsel, and conducted a defense of
           himself in court, emphasizing his
    S      innocence in the case….
 From his prison cell,
and making ample use of
the prison library, Gideon
appealed to the U.S.
Supreme Court based on
the fact that he had been
denied counsel and
therefore his 14th
Amendment rights had
been violated without due
process of law.
The court assigned him,
Abe Fortas, a prominent
Washington, D.C. attorney
as counsel.
The unanimous decision was announced on
  March 18, 1963, delivered by Justice Hugo
The Court held that the right to counsel was a
  fundamental right, essential for a fair trial,
  thereby emphasizing the procedural
  safeguards which were needed for due
  process of law.
  > In this sense, the court ruled specifically
  that no one regardless of wealth, education
  or class, should be charged with a crime and
  then be forced to face his accusers in court
  without the guidance of counsel.
Clarence Earl Gideon


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