Essay On The Sixth Amendment

The Sixth Amendment simply ensured that the defendant in a federal criminal case who could afford to hire counsel would be entitled to appear through a lawyer, rather than being forced to defend himself. The U.S Supreme Courts and the State Supreme Courts came to an agreement that the government should provide lawyer to the vast majority of criminal defendants who cannot afford to hire a lawyer. According to Worrall the United State V. Wade (388 U.S.2189 (1967)) “The presence of counsel is necessary to preserve the defendant’s basic right to a fair trial”. (Worrall, 2012). Someone that have already been charged may have the right to counsel before a grand jury proceedings but the fifth Amendment can off set the protection and refuse to …show more content…
The defendant that was charged with or indicated crime during the preliminary hearing, when dealing with the rights to attach the defendant must be charged with the crime first. Attachment to the right to counsel the individual is merely suspected of committing a crime. Counsel rights don’t attach to the investigation stage, even if the individual isn’t the only suspect. Many of the suspects have the right to attach counsel under the Sixth Amendment when a prosecution is commenced against him or her. In the cases Alabama v. Coleman the Supreme Court is does, and the state must provide counsel if the is indigent. “The Court declared that the preliminary hearing is a critical stage of the criminal process: “Plainly the guiding hand of counsel at the preliminary hearing is essential to protect the indigent accused against an erroneous and improper prosecution”(Worrall, 2012). Police investigations, lawyer has no traditional role to play during and investigation, if there is a problem with any of the evidence may be thrown from cross-