Gideon V Wainwright Case

The Sixth Amendment of the Constitution of the United Sates gives the right of any United States citizen accused of crimes the right to counsel in criminal procedure and their defense. To understand this process, one must understand the developments for the right to counsel, self-representation, and the roles of an attorney and when the right to counsel is attached.
Development of Right to Counsel In the 16th and 17th century, the law did not allow or provide for the use of attorneys in any court case, except for treason cases. It wasn’t until the 18th century in which the defendants were allowed to have an attorney. The constitution allowed for the use of attorneys, but most defendants represented themselves, while
those with money would have the luxury to hire an attorney. Some judges would order an attorney to provide services Pro Bono if they felt the defendant was not capable to defend themselves. It wasn’t until the twentieth century the right to counsel underwent some significant changes. Defense attorneys at one time were restricted only to the trial phase and to those who had money and means, but also to each and every defendant through the criminal court system. The courts began to change the course of counsel provisions beginning in the 1930’s.
The case of Powell v. Alabama (1932) began the trek towards the Due Process Clause in the Fourteen Amendment, by stating not every client needed to be provided a lawyer, but rather due to special circumstances, a client should be provided one if they are unable to properly defend themselves (Zalman, 2011, p 297). It wasn’t until the case of Gideon v. Wainwright (1963) in which the Supreme Court incorporated the Sixth Amendment into the Fourteenth Amendment (Zalman, 2011). This guaranteed every felony defendant, regardless of financial status, the legal assistance required for Due Process and presented in the Miranda Warnings given
today.
Right to Counsel Attachment There is no clear cut time when the right to counsel is attached to a case. It can be critical to the police and prosecutorial investigation as to when counsel is advised to the defendant. The right to counsel is not attached during pre-arrest procedures such as evidence collection, witness interviews or suspect interrogations. It will be attached for arraignment hearings, but not for police line-ups prior to charges being presented. The suspect has a right to counsel during interrogations, but unless one is asked for, an attorney does not have to be provided. The time of attachment comes once formal charges are presented to the defendant (http://www.law.cornell.edu, 2010). The accused is advised of their rights when given the Miranda Warnings upon arrest.
Self-Representation
All defendants have the right to represent themselves in the court of law. This is a personal choice the defendant makes, but they should consider the charges and punishments possible. There are cases in which a defendant could successfully represent themselves, but sometimes monetary, their own beliefs in which they can represents themselves better, or the need to not have one due to a guilty plea. A judge will strongly advise against someone defending themselves before a trial begins. The attorney will have expertise in matters the defendant will not have. Civil cases usually do not require an attorney, as is more for advice than court proceedings. Many defendants who choose to waive their rights to council will do so due to their distrust or lack of faith within the public defender system. Conversely, those same defenders will choose to defend themselves due to their faith in the criminal justice system (Homiak, 903). A judge will ensure the defendant knows what is lost when the right to counsel is waived. Even though it is never a good idea to defend oneself in a criminal case, there have been cases won on acquittal through self-representation.
Role of Attorneys The defense attorney has many roles.
They advise the clients of their rights, explains what can happen for each step of the criminal procedure and help ensure their client’s rights are not violated. The defense attorney must be knowledgeable and competent through all phases while failure in this can have disastrous consequences for the attorney and the defendant. The attorney will help with plea bargains arrangements, decide what is going to be the best course of action to defend the charges or help negotiate a guilty plea punishment. The defense attorney’s position does not end with the completion of the criminal trial. They will also be needed for the trial’s punishment phase, and any appeals process or parole hearings. The attorney must be able to develop a meaningful relationship with the client in order to provide the proper defense counsel. The Sixth Amendment guarantees the “effective assistance of counsel” for criminal defendants.
Conclusion

The criminal justice system has come a long way in providing Due Process for all defendants. Amongst all the opinions, one thing runs the same; each and every defendant must be provided adequate representation for their criminal cases. Whether or not the client can provide their own, legal assistance must be provided as to ensure the defendant’s rights are protected. The right to adequate counsel should never be a luxury only affluent people can provide, but thanks to the Sixth Amendment, every citizen has a right
to counsel.

References http://www.law.cornell.edu. (2010, Aug. 19). Retrieved from http://www.law.cornell.edu/wex/right_to_counsel
Homiak, R. R. (n.d.). Fareta v. California and the Pro Se Defense: The Constitutional Right of Self-Representation. The American University Law Review, 897-937.
Zalman, M. (2011). In M. Zalman, Criminal Procedure: Constitution and Society (pp. 3-22). Upper Saddle River, NJ: Pearson/Prentice Hall.