Advantages Of The Sixth Amendment

472 Words 2 Pages
The sixth amendment, which is the right to counsel is used to ensure fairness across the board. A right to counsel is needed to avoid unjust convictions as well as to protect the individual’s rights. Every defendant is entitled to counsel. Counsel is automatically provided to those who are facing the death penalty, are illiterate, or don’t have enough money to pay for one themselves. The sixth amendment guarantees the right to waive assistance of counsel and conduct one's own defense. In order to do so the judge over the case must first; make sure the defendant is competent to stand trial, advised of their rights, and warned of the dangers that come in to play upon self-representation.
If the defendant has already hired a lawyer to handle his or her case then there is no need to waive their right to counsel. Unless therefore, the defendant wished to represent himself. Once it is known by police that the defendant has wished to hire a lawyer then the defendant is no longer subject to answer any further questions by police. If the defendant has already made an effort to hire their own attorney then there really is no further action to fulfill. Even if a defendant has nothing to hide, a criminal defense attorney will help speed
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Unless, the defendant wishes to waive their rights. In order for a defendant to waive their sixth amendment right they first must go before the judge who presides over the case and be warned of what exactly representing your self means. The judge will advise the defendant of their rights, and explain to the defendant the dangers of representing yourself in the court of law. The judge will also make sure the defendant is literate and mentally competent to stand trial. In most situations, if you waive your right to counsel you essentially help the police and the prosecution engage in tactics that could easily result in a stronger case against

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