Right to Counsel
A constitutional guarantee (Sixth Amendment) that a person accused of a crime has the right to the assistance of a lawyer in all critical stages of the criminal justice process. If the defendant cannot afford an attorney, the government must provide one.
A constitutional guarantee (Sixth Amendment) that a person accused of a crime has the right to the assistance of a lawyer in all critical stages of the criminal justice process. If the defendant cannot afford an attorney, the government must provide one.
Example: The landmark Supreme Court case Gideon v. Wainwright (1963) established that the right to counsel is fundamental to a fair trial, requiring states to provide public defenders to indigent defendants in felony cases.
Common misconception: The right to counsel only applies during the actual trial. The right attaches at all ‘critical stages’ of the criminal process, including police interrogations (Miranda rights), preliminary hearings, arraignments, and appeals, not just the trial itself.
Sources: https://constitution.congress.gov/browse/amendment-6/ — Sixth Amendment right to counsel (Constitution Annotated); https://www.uscourts.gov/about-federal-courts/educational-resources/educational-activities/sixth-amendment-activities/gideon-v-wainwright/facts-and-case-summary-gideon-v-wainwright — uscourts.gov case summary: Gideon v. Wainwright (1963)