Right To Counsel Essay

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The Sixth Amendment of the Constitution was proposed in 1789, and established in 1791, and deals with due processing. The amendment states that, “ In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and distract 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.” (pg 25 Ferdico) Speedy and public trials is necessary in a system to ensure fairness is placed above everything else. By …show more content…
The right to counsel is significant because the accused rights are monitored by the attorneys. The right to counsel is the right to the effective assistance of counsel. ' ' From the beginning of the cases holding that counsel must be appointed for defendants unable to afford to retain a lawyer, the Court has indicated that appointment must be made in a manner that affords ' 'effective aid in the preparation and trial of the case. ' ' (Constitution.findlaw.com) If the accused is denied any legal counsel, then he/she is being denied one of their rights of due processing. The defendant must have access to an attorney. If the defendant is poor and can not afford an attorney, they will be appointed one. However, a defendant can refuse the right to an attorney, and waive all of their rights to the Sixth Amendment. By waiving these rights the defendant is intentionally giving up all known rights and privileges. The defendant must be cleared and approved of trial with out of lawyer. They can not be deemed an mentally insane, or have any other mental disabilities. If trial without a lawyer is approved the court systems will determine how the waiver was obtained, the age of the person, health, and understanding of the language to ensure there is no language barrier. If the waiver is obtained, it has to be voluntary and can not be forced upon the defendant. “Pro Se” is the appearance in court without an attorney, and representing oneself. According to getlegal.com, “If a defendant makes a request for self-representation, the judge must warn the defendant of the dangers and disadvantages of doing so.” (getlegal.com) It is believed that some people think they can represent themselves better than attorneys, and handle their defense properly. Typically, anyone who represents themselves in court, the end results usually do not play out in their favor. The Sixth Amendment does not only apply to

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