Chapter 8
Right to Counsel
Constitutional Law
13th Edition
Introduction
In all criminal prosecutions, the accused shall enjoy
8 Right to Counsel
Right to Counsel
•Counsel is necessary to avoid unjust convictions
8 Right to Counsel
Right of Indigent to Counsel
Powell v. Alabama was the first case to recognize
the right of an indigent criminal defendant to court–
8 Right to Counsel
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
8 Right to Counsel
Right of Indigent to Counsel (continued)
•Gideon v. Wainright:
oEstablished court-appointed counsel in
8 Right to Counsel
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
8 Right to Counsel
Critical Stages
•Pre- and post-trial proceedings in which the
•Characteristics:
oMust take place after criminal prosecution has
8 Right to Counsel
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.
8 Right to Counsel
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
8 Right to Counsel
Investigatory Actions
•Sixth Amendment requirements
•Warning and waiver of right to counsel
8 Right to Counsel
Pretrial Identification
•Photographic identification:
oUsed to narrow the focus of an investigation in
•Lineup identification:
oUsed when swift action is not necessary to
8 Right to Counsel
Pretrial Identification (continued)
•Lineups and showups conducted after the
initiation of prosecution are critical stage events
oSixth Amendment right to counsel applies
8 Right to Counsel