CJA484-Week 4: Your Right to Counsel

Apr 22nd, 2015
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According to the Constitution of the United States of America; the Sixth Amendment holds, in part that “all criminal prosecutions, the accused shall enjoy the right, to have the assistance of counsel for his defense.” It is this specific clause that grants the right to all defendants their right to have an attorney from the exact moment that they are taken into custody of any law enforcement agency.

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Criminal Law FoundationsSteven GriffithsCJA484Nicholas Barbella1/13/2014Your Right to CounselAccording to the Constitution of the United States of America; the Sixth Amendment holds, in part that "all criminal prosecutions, the accused shall enjoy the right, to have the assistance of counsel for his defense." It is this specific clause that grants the right to all defendants their right to have an attorney from the exact moment that they are taken into custody of any law enforcement agency. Certain rulings of the United States Supreme Court have also shaped this specific Right to Counsel clause, meaning that an individual who is improvised or indigent, has this Constitutional right to the representation of an attorney provided by the court, at critical stages in the persons criminal proceedings. These stages include (but are not limited) to: arraignment, trial, sentencing, preliminary hearings, lineups, post-indictment custodial interrogation, and the appealing of the first conviction. Let us step back a little bit and look where the Right to Counsel Clause came from. In the beginning is was formed as a reaction against the Old English practice of depriving the assistance of a legal aid in serious criminal cases , and made the defendants appear in front of the judge, in court to represent themselves in only their own words. The 1586 trial of Mary Stuart, Queen of Scots, illustrates the harshness of denying the assistance of counsel in a criminal case. Queen M

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