4.Right+to+Counsel

IV. Right to Counsel 6th Amendment Powell v Alabama Gideon v Wainwright Argersinger Case Escobedo case

6th Amendment: This amendment states that in all criminal prosecutions, the accused may have the right to a speedy and public trial. In this trial, there will be an impartial jury from the state and district, and the accused may be informed of the nature of the accusation. Witnesses will be able to confront him as well.

Powell vs. Alabama In this case, the important decision made by the U.S. Supreme Court was that in a capital trial, the defendant must be given access to counsel upon his or her own request as part of due process. The background of this case came from nine African Americans who allegedly raped two white women. The women accused the black men of rape, and these men were not given enough time to plan their defense. They were not given a fair trial, they were denied the right of counsel, and they were tried before juries that systematically did not have any qualified members of their race within them.

Gideon v Wainwright

Gideon v. Wainwright was a huge case in United States Surpreme Court history, because it was unanimously ruled that states courts are required under the **Sixth Amendment** to provide counsel in criminal cases for defendants unable to afford their own attorneys **//in felony cases - not all cases //**

The aftermath of this relates to right to consel because it demonstrates the differences between how state and federal governments address the waiver standards of the right to counsel. Under federal law, the defendant can only waive his or her right to a trial if is clear that the defendant understands the "charges, the consequences of the various please, and the availability of the counsel".

Argersinger Case

The argersinger v. hamlin was about John Argersinger, who was charged with a concealed weapon which is a misdemeanor in the state of Florida. The sentence could have been spending 6 months in jail with a $1,000 fine on top of that. during the bench trial, he was charged with 90 days in jail but he didn't have an attorney to defend him. //** Argersinger appealed because the state didn't appoint an attorney for him. The Supreme Court ruled that even in misdemeanor cases, defendant's have the right to have an attorney appointed to them. Went beyond the felony charges that the Gideon case addressed. **//

Escobedo Case The Escobedo Case (Escobedo v. Illionoise) was a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment. It decided a year after the court held Gideon v. Wainwright. It won in a 5-4, recognizing a suspects's right to an attorney during a police interrogation, **//not just at trial. //**