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Chapter 8
Right to Counsel
Constitutional Law
13th Edition
Introduction
In all criminal prosecutions, the accused shall enjoy
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Right to Counsel
•Counsel is necessary to avoid unjust convictions
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Right of Indigent to Counsel
Powell v. Alabama was the first case to recognize
the right of an indigent criminal defendant to court-
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Right of Indigent to Counsel (continued)
Federal courts had to provide counsel for any
criminal defendant facing serious charges who
lacked the means to hire an attorney, while state
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Right of Indigent to Counsel (continued)
•Gideon v. Wainright:
oEstablished court-appointed counsel in
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Expansion of the Sixth Amendment
•When the Sixth Amendment was adopted, the
trial was the only adversarial confrontation
•Today, there are numerous pre- and post-trial
proceedings in which decisions must be made
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Critical Stages
•Pre- and post-trial proceedings in which the
•Characteristics:
oMust take place after criminal prosecution has
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Right to Self-Representation
•Sixth Amendment right to waive assistance of
counsel and conduct own defense
Ineffective Counsel
A defendant is entitled to reasonably effective
representation.
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Restrictions on Police Conduct
The Sixth Amendment right to counsel places two
restrictions on the police:
1. First, police must secure a valid waiver of the right
to counsel or see to it that counsel is present
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Investigatory Actions
•Sixth Amendment requirements
•Warning and waiver of right to counsel
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Pretrial Identification
•Photographic identification:
oUsed to narrow the focus of an investigation in
•Lineup identification:
oUsed when swift action is not necessary to
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Pretrial Identification (continued)
•Lineups and showups conducted after the
initiation of prosecution are critical stage events
oSixth Amendment right to counsel applies
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