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Law: Gideon Vs Wainright. ... The Supreme Court was faced with answering
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Submitted by Mrwigglez3 on December 17, 2005
Category: History Other
Words: 2074 | Pages: 9
Views: 286
Popularity Rank: 34,210
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Right to Legal Counsel
The framers formed this country with one sole document, the
Constitution, which they wrote with great wisdom and foresight. This
bountiful wisdom arose from the unjust treatment of King George to
which the colonists were subject. Among these violations of the
colonists\' rights were inequitable trials that made a mockery of
justice. As a result, a fair trial of the accused was a right given to
the citizens along with other equities that the framers instilled in
every other facet of this country’s government. These assurances of
the citizens’ rights stated in the bill of rights.
In the Sixth Amendment, it is stated that, “In all criminal
prosecutions, the accused shall enjoy the right...to have the
Assistance of Counsel for his defence.” A first reading of this phrase
one might be think that this right, that which gives a person accused
of a crime to have lawyers for his defense, is common knowledge being
that it is among the most basic rights given to the citizenry of the
public. However, the simple manner in which this amendment is phrased
creates a “gray area”, and subject to interpretation under different
circumstances. The legitimacy of the right to mount a legal defense is
further obscured by the Fourteenth Amendment which states, “No State
shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States.” As a result, many
questions begin to arise which seek to determine the true right of the
accused to the assistance of counsel. Should legal counsel be provided
by the government if the accused lacks the funds to assemble a counsel
for his defense? Or, on the other hand, does this amendment set the
responsibility of assembling a defensive counsel on the accused...
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