Right to Counsel

PrincipleUnited States

The guarantee of a lawyer for accused persons facing imprisonment

Overview

The Sixth Amendment promises the assistance of counsel, which the Supreme Court in 1963 in Gideon made binding on states for felonies, later extended to any case carrying imprisonment. Gideon himself, retried with a lawyer, was acquitted, and the decision built the public defender systems that now carry most American criminal defense. Custodial interrogation warnings joined soon after. International law treats counsel as a core fair trial right, though provision quality varies everywhere. Clarence Earl Gideon petitioned the Supreme Court in pencil, and the Court appointed counsel to argue it.

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