Right to Counsel in the United States,

Right to Counsel

In the United States, the right to counsel is guaranteed by the 6th Amendment to the Constitution. Right to counsel is the civil right of an accused person to seek the aid of an individual who is an expert in the law of the land. Often when a person finds him or herself in a position where they are a defendant in either a civil or criminal court, they need to utilize the skills of someone who understands the law. Without this right, the accused would be at a decided disadvantage against prosecution who are trained and employed in the field of the law. The present law of the United States is that a person may employ an attorney to represent him or her in a court. If a person is unable to afford an attorney, then counsel will be appointed to that person and paid for by the government. Should a person desire, they may also choose to represent him or herself in court. This decision should only be made if the person has an extensive knowledge of law themselves.

The original interpretation of the Sixth Amendment was that those who could afford to be represented by counsel in court could not be denied their chosen representative (Revolutionary 2011). Otherwise, it was the responsibility of the individual to become as learned as possible in the legal situation in order to defend him or her. The appointed attorney is paid for by the government and not the defendant directly. That does not mean the attorney can do a half-hearted job of the proceedings. "The court appointed attorney must be in good standing with his local bar association, the organization that accredits attorneys, must give his undivided loyalty and attention to the defendant and must make a good faith effort to assist the defendant" (Revolutionary 2011).

Originally a person who could not afford an attorney would not be provided with one. This changed in the case of Powell vs. Alabama. In this 1932 case, it was determined that the 6th Amendment held a right to counsel for everyone, whether or not the individual could afford representation themselves (Revolutionary 2011). In the Powell v. Alabama case, nine black youths were accused of raping two white women. Three trials were held over the course of one day and all nine men were sentenced to death without having anyone to counsel them. The decision of the court in that case was that due process had been violated. This was based on three arguments: "(1) they were not given a fair, impartial and deliberate trial; (2) they were denied the right to counsel, with the accustomed incidents of consultation and opportunity for trial; (3) they were tried before juries form which qualified members of their own race were systematically excluded" (Powell 1932). However, that did not mean all states immediately adopted a policy that would ensure counsel for all. In 1963, in the case of Gideon v. Wainwright, the Supreme Court confirmed this new understanding of the Sixth Amendment. Before the Gideon decision, public defenders were only provided in capital cases, that is to say cases wherein the defendant could potentially be sentenced to death if they are convicted of the crimes. However the Gideon law only made public defense a civil right in cases of criminal allegations. Even then no all states were quick to enact legislation which would provide attorneys for poor defendants. Some states, such as Georgia, did not have public defender laws until 2003 (Right 2011).

Not all people are aware of their right to counsel or their right to refrain from speaking to police officers. This came to be an issue with the Miranda case. Nowadays, when a person is placed under arrest, he or she must be Mirandized; this means that the individual must be told his or her rights and informed that they may waive any of the rights they choose, but that it must be their decision. The Miranda rule was designed to "relieve what the Supreme Court felt was the inherent coercive environment of all custodial interrogation" (Crawford 2001). While placed under arrest, the police are required to read the Miranda warning to the accused. Usually the warning states:

You have the right to remain silent. Anything you say or do can be used against you in a court of law. You have the right to speak to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights as they have been read to you? (Soltero 2006).

Many people know of the Miranda warning because on every television police show, the officers arrest the criminal and announce "You have the right to remain silent." Very few people realize that this repetitive statement of rights is actually one of the most important pieces of defendant rights legislation in modern American history.