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Right to Council

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Submitted By vgal88
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Right to Council
Valerie Perez
CJA/364
5/13/2013
Daniel Hanke

Right to Council
Right to council is a right that is stated in the Constitution of the United States. The 6th Amendment clearly states that the defendant has the right to council. According to Cornell University Law School (1992-2013), the 6th Amendment states:
“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 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.” (para. 1).
In other words, defendants obtain the constitutional right to be represented by an attorney during a trial even if the defendant cannot afford one. When one cannot afford an attorney the government appoints one to handle one’s case, at no cost. At almost every important phase of the criminal process, the suspect has the right to a lawyer.
The right to council is important to defendants because they are the ones who will be most likely facing charges and without the right to counsel defendants run the risk of serving a long term jail time and/or death. * This paper will analyze two cases and discuss how the historical development of right to counsel relates to the cases, when the right to counsel attaches to criminal procedure, whether the defendants in the cases exercised their right to self-representation, and the role of the attorneys in the cases as it applies to right to counsel. The reader will gain better knowledge of what the right to counsel is and whether or not one has the right to counsel based on their situation.
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