right to counsel

Examples of right to counsel in the following topics:

• The Sixth Amendment and the Right to Counsel

  • The Assistance of Counsel Clause in the Sixth Amendment allows to any person accused the right to counsel for his defense.
  • Individuals subject to grand jury proceedings do not have a Sixth Amendment right to counsel because grand juries are not considered by the U.S.
  • Whether counsel is retained or appointed, the defendant has a right to counsel without a conflict of interest.
  • A criminal defendant may represent himself, unless a court deems the defendant to be incompetent to waive the right to counsel.
  • Some states extend the right to counsel to all matters where a defendant's liberty interest is threatened.

• The Miranda Warning

  • The Miranda warning is a statement read by police to criminal suspects that asserts their right to counsel and right to remain silent.
  • Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth and the Sixth Amendment right to counsel.
  • Miranda was not informed of his rights prior to the police interrogation.
  • The Miranda right to counsel and right to remain silent are derived from the self-incrimination clause of the Fifth Amendment.
  • The consequences of assertion of Fifth Amendment right to counsel are stricter.

• Incorporation Doctrine

  • The incorporation of the Bill of Rights is the process by which American courts have applied portions of the Bill of Rights to the states.
  • This clause has been used to make most of the Bill of Rights applicable to the states, as well as to recognize substantive and procedural rights .
  • Amendment VI, the rights to a speedy, public, and impartial trial have been incorporated against the states, as has the right to counsel in Gideon v.
  • Amendment VII, right to a jury trial in civil cases, has been held not to be applicable to the states.
  • Amendment VI, the right to a trial by a jury and the right to counsel, was incorporated against the states in the case Gideon v.

• The Exclusionary Rule

  • The exclusionary rule holds that evidence collected in violation of the defendant's rights is sometimes inadmissible.
  • This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional right.
  • The exclusionary rule is also designed to provide disincentive to prosecutors and police who illegally gather evidence in violation of the Fifth Amendment of the Bill of Rights.
  • The exclusionary rule furthermore applies to violations of the Sixth Amendment, which guarantees the right to counsel.
  • Corporations, by virtue of being, also have limited rights under the Fourth Amendment (see corporate personhood).

• The Bill of Rights

  • These limitations serve to protect the natural rights of liberty and property.
  • The Second Amendment protects the right of Americans to bear arms.
  • The Sixth Amendment sets out rights of the accused of a crime: a trial by jury, a speedy trial, a public trial, the right to face the accusers, and the right to counsel.
  • The Seventh Amendment protects the right to a trial by jury for civil trials.
  • Explain how the Bill of Rights is used to protect natural rights of liberty and property.

• The Bill of Rights

  • The Bill of Rights refers to the first 10 amendments to the US Constitution, which outline the basic freedoms held by American citizens.
  • The Bill of Rights is the collective name for the first 10 amendments to the US Constitution.
  • However, most state legislatures refused to ratify the Constitution without the Bill of Rights being added to the document.
  • First Amendment: establishment clause, free exercise clause; freedom of speech, of the press, and of assembly; right to petition
  • Sixth Amendment: guarantees trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

• The Bill of Rights

  • The Bill of Rights is the collective name for the first ten amendments to the United States Constitution.
  • Even though these limitations were not explicit in the Bill of Right's text, it took additional Constitutional Amendments and numerous Supreme Court cases to extend the same rights to all U.S. citizens.
  • However, most state legislatures refused to ratify the Constitution without the addition of a Bill of Rights to the document.
  • Second Amendment: establishes the right of the state to having militia and the right of the individual to keep and bear arms.
  • Sixth Amendment: guarantees trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel.

• Ratification of the Constitution

  • In order for all states to ratify, a compromise over a bill of rights had to be made.
  • Ten of the amendments would become the Bill of Rights.
  • The Bill of Rights was enacted on December 15, 1791.
  • Amendment 6: Establishes rights to a fair and speedy public trial, to a notice of accusations, to confront the accuser, to subpoenas, and to counsel.
  • Amendment 7: Provides for the right to trial by jury in civil cases.

• The Rights of the Accused

  • The rights of the accused include the right to a fair trial; due process; and the right to privacy.
  • The rights of the accused, include the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, the right of self-defense, and the right to vote.
  • Similarly, all such jurisdictions allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense (which is in some countries called a "court-appointed lawyer").
  • The theory of three generations of human rights considers this group of rights to be "first-generation rights", and the theory of negative and positive rights considers them to be generally negative rights.
  • Civil rights are considered to be natural rights.

• The Sixth Amendment

  • The Sixth Amendment to the United States Constitution sets forth rights related to criminal prosecutions.
  • 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.
  • Describe the rights a defendant is due under the 6th Amendment