Right to Counsel

Right to Counsel

Introduction

Both Fifth and Sixth Amendment of the US constitution provides the right to counsel to defendants. This right is only applied to criminal proceedings and not on the civil proceedings. The right to counsel refers to the right of a defender to be provided by an effective and efficient attorney if he cannot afford one on its own. It also says that he may hire a counsel of his choice.

Discussion

Development of right to counsel

The right to counsel historically meant that an individual has a right to keep the advocate for his defense if the person can afford it. Decades ago poor people could not attain this right. In 1940s important changes occurred regarding this issue. It was then when the Supreme Court of US suggested the need of including a clause for providing free counsel to poor people in US constitution. In 1960s, in a landmark case of Gideon v. Wainwright, the Supreme Court ruled that a free advocate must be provided to all offenders who could not afford one. The development regarding the right to counsel did not halt there but in 1970s the Supreme Court declared that an accused person should be provided with an appointed attorney whenever he is in danger of losing freedom. It was a great development to provide right to counsel to poor people as before 1960s there was no defined method of paying to appointed attorneys. But now the system has much changed as there are many structures to provide appointed attorneys such as voluntary efforts or public defender system.

Aspects of right to counsel

The right to counsel provided by the US constitution comprises different aspects which include right to counsel of choice, right to appointed counsel, the right to conflict-free counsel, the right to represent oneself and the right of effective counsel. These aspects say that an accused person has right to hire an advocate of choice on whom he have trust. He also has a right to attain the services of an appointed counsel from the Supreme Court on unavailability of enough resources. He must be provided or must have freedom to hire the services of conflict free counsel which should be free of any external pressure. He also has the right to represent himself as an advocate under certain circumstances.

Self representation

When the defendant presents himself to represent his case in judicial proceedings then this refers to the ...