Right to Counsel

Paper Summary:

This research paper examines the Sixth Amendment and the rights afforded to the indigent, more specifically, Brandon, a man that lives behind a city's auto pound. The paper explains in a brief memorandum why Brandon will or will not win his appeal on Sixth Amendment grounds, including acceptable case law to support the position taken. The paper also examines the outcome of the appeal of Brandon's case.

Outline:
Abstract
Right to Assistance of Counsel
Powell v. Alabama
Johnson v. Zerbst
Betts v. Brady and Progeny
Gideon v. Wainwright

From the Paper:

"When this amendment was ratified, however, the general understanding was that the right to counsel was only meant for those who could afford to pay for the services of a lawyer. This feeling was brought about by the fact that under the "common-law principle" which had prevailed in England during the early times, a person who was accused of a serious crime was not accorded any right to counsel even if he or she could afford one. Only those who were accused of less serious crimes or misdemeanors were allowed to engage and pay for the services of a lawyer. However, the United States Supreme Court expanded the concept of right to counsel during the 1930s. "

Sample of Sources Used:

• Emory Law. (2006). Constitution of the United States. Retrieved 27-Jan-2008 from http://www.law.emory.edu/index.php?id=3080
• FindLaw. (n.d.). U.S. Constitution: Sixth Amendment. Retrieved 27-Jan-2008 from http://caselaw.lp.findlaw.com/data/constitution/amendment06/
• Rankin, B. (2003). Right to lawyer still not a given for poor defendants. The Atlanta Journal- Constitution. Retrieved 27-Jan-2008 from http://www.schr.org/indigentdefense/Newspapers/news_gideon.htm

More papers on Right to Counsel:

• Essay # 17762 : "Right To Counsel In U.S. Courts"
• Persuasive Essay # 107282 : "The Right to a Fair Trial"
• Persuasive Essay # 110729 : "The Right to a Fair Trial"

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