Authored by Jaclyn Weissgerber - J.D. Candidate 2014, Pace University School of Law
This research guide facilitates the analysis of the Sixth Amendment right to assistance of counsel using:
It should be noted that although there are various criminal procedure implications of the Sixth Amendment right to counsel, this research guide will focus primarily on the constitutional aspects.
"A criminal defendant's constitutional right, guaranteed by the Sixth Amendment, to representation by a court-appointed lawyer if the defendant cannot afford to hire one."
Black’s Law Dictionary 139 (9th ed. 2009).
"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and the cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
U.S. Const. amend. VI (emphasis added)
The Sixth Amendment ultimately guarantees to every indigent criminal defendant the Right to Counsel. The Supreme Court jurisprudence has held that the Right to Counsel is comprised of both the right to the appointment of counsel and the right to the effective assistance of counsel.